Does Anyone Even Read This Stuff?

I’ve got to go to court this afternoon for a client who is charged with domestic violence (Ala. Code 13A-6-132). In a nutshell, the state has to prove my client did something not nice to a person who is:

a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.

In this case, the state may try to prove that the complainant was a “household member.” Naturally, I want to know what a household member is. Is it enough that she once spent the night at my client’s house? Or do they need proof that she used it as her official address?

I had to turn to another section of the code to find an answer. In the definitions section of the Protection From Abuse Act, I found this at section 30-5-2(a)(4)(emphasis added):

FAMILY OR HOUSEHOLD MEMBERS. A spouse, former spouse, parent, child, or any other person related within the 6th degree consanguinity or affinity or common-law marriage, a person with whom the plaintiff has a child in common, or a present or former household member.

That’s great. A household member is “a present or former household member.” Wonderful. That really helps. Thanks.

Note to legislators, if you don’t want courts misinterpreting your words, then make your meaning clear.

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