1.132 — DOMESTIC VIOLENCE

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

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(a) Definitions

"Domestic Violence" refers to any act of physical harm, attempted physical harm, threats of harm, or coercive behavior committed by one individual against another with whom they share or have shared a domestic relationship. This includes spouses, former spouses, current or former dating partners, individuals with a child in common, or persons who currently or previously lived together in a familial or intimate capacity.

"Physical Harm" includes but is not limited to striking, slapping, choking, pushing, punching, restraining, kicking, or any physical contact intended to injure or control the victim.

"Threat of Harm" includes any verbal, written, or physical behavior reasonably interpreted by the victim as a credible threat of physical violence, even if no contact occurred.

"Coercive Behavior" refers to controlling tactics such as intimidation, isolation, verbal abuse, threats of self-harm, financial control, or monitoring movements that restrict the victim’s autonomy or safety.

(b) Elements

To establish the offense of domestic violence, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant and the alleged victim were in a qualifying domestic relationship at the time of the incident.

• The defendant intentionally, knowingly, or recklessly caused physical harm, attempted to cause harm, made a credible threat of harm, or engaged in coercive behavior.

• The conduct was directed toward the victim within the context of the domestic relationship.

• The conduct was not legally justified (e.g., not an act of self-defense).

(d) Defenses

A defendant may raise the following defenses against a charge of domestic violence:

• Self-Defense: The defendant used reasonable force to protect themselves from imminent physical harm.

• Mutual Combat: The alleged victim willingly engaged in the altercation, and both parties were equally involved.

• False Allegation: The accusation was fabricated or retaliatory in nature, and no domestic violence occurred.

• Lack of Domestic Relationship: The relationship between the parties does not meet the statutory definition for domestic violence.

• Accidental Harm: The injury or conduct was unintentional and occurred without criminal negligence.

(c) Aggravating Factors

The court may impose enhanced penalties, including reclassification to a felony or extended sentencing, if any of the following aggravating circumstances are present:

• The offense resulted in serious bodily injury to the victim.

• A weapon or dangerous object was used, displayed, or threatened during the incident.

• The act was committed in the presence of a minor child.

• The defendant has one or more prior convictions for domestic violence or related violent crimes.

• The victim was pregnant at the time of the offense and the defendant knew or reasonably should have known this.

• The offense involved intentional isolation, strangulation, or deprivation of basic necessities.

• A protective order or no-contact order was in effect at the time of the incident and was knowingly violated.

(e) Victim Services

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