On the recordJune 24, 2022
I am glad for the clarification from the gentleman from California and pleased to know it is the legislative intent that the Department of Justice promulgate regulations to govern the application of section 12005, including defining the terms `serious,' `recent,' and `recently.' A consistent and authoritative interpretation of these terms that is reflective of the lived experiences of survivors of dating violence is critical to the successful implementation of this section. Rulemaking is necessary to both ensure that in its application, the law actually protects victims of dating violence and to stave off chaos. A lack of clearly defined terms will encourage trial level litigation into the specifics of the intimate relationship. State judges who are adjudicating these cases will be determining the relationship between the victim and the perpetrator based on the laws of their state. The introduction of `serious,' `continuing,' and `recent' should not be read to require judges to include specific findings of seriousness or continuity. Instead, the existence of a dating relationship must be determined based on the enumerated factors set forth in subparagraph (B) of this section, with the acknowledgment that a finding of a dating relationship under a state law with a definition that is substantially similar to federal law constitutes a finding of `dating relationship' for the purpose of this section.…
Source
govinfo.gov




