1.132 — DOMESTIC VIOLENCE

Violations of "Statute 1.132" results in a Class D Misdemeanor

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(a) Definitions

• Domestic Violence" shall mean any act of violence or abuse committed by one member of a household or family against another member of the same household or family.

• "Household or Family Member" shall include spouses, former spouses, persons related by blood or marriage, persons who are currently or were formerly in a dating relationship, persons who have a child in common, and persons who reside or have resided together in the same household.

(b) Elements

Any person who commits an act of domestic violence, as defined in subsection (a), shall be guilty of a misdemeanour or felony offense, depending on the severity of the offense and any aggravating factors present.

(c) Aggravating Factors

• The court may impose enhanced penalties if the act of domestic violence involved aggravating circumstances, such as the use of a deadly weapon, infliction of serious bodily injury, or violation of a protective order.

• The court may consider any aggravating factors, including but not limited to the defendant's prior history of domestic violence, the vulnerability of the victim, and the impact of the offense on any children involved, in determining the appropriate sentence.

(e) Victim Services

Victims of domestic violence shall be entitled to access to appropriate support services, including counselling, shelter, legal assistance, and advocacy.