"Domestic violence" includes conduct that is an element of an offense under IC 35-42 or a threat to commit an act described in IC 35-42 by a person against a person who:

1. (1) is or was a spouse of;
2. (2) is or was living as if a spouse of;
3. (3) has a child in common with;
4. (4) is a minor subject to the control of; or

5. (5) is an incapacitated individual under the guardianship or otherwise subject to the control of;

   the other person regardless of whether the act or threat has been reported to a law enforcement agency or results in a criminal prosecution.

As added by P.L.273-2001, SEC.3.