Case

They argued that he could not be convicted because when he commited the first act of domestic violence, there was still no law that convicted you for comiting a crime of domestic violence. “) is a misdemeanor under Federal, State or Tribal law; and (ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim”- http://topics.law.cornell.edu/supct/cert/07-608.