1.133 — AGGRAVATED DOMESTIC VIOLENCE

Violations of "Statute 1.133" results in a Class D Felony with restitution to the victim for any damages or losses incurred.

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(a) Definitions

"Aggravated Domestic Violence" refers to a more severe form of domestic violence involving enhanced circumstances that elevate the threat, harm, or intent of the offender. This may include acts that cause serious bodily injury, involve the use of a weapon, occur in violation of a protective order, or are committed against vulnerable victims (such as pregnant partners or minors witnessing the act).

"Serious Bodily Injury" means injury that causes substantial risk of death, permanent disfigurement, or long-term impairment of any body part or function.

"Weapon" includes firearms, knives, blunt objects, or any instrument used or threatened to be used in a manner capable of causing death or serious bodily injury.

(b) Elements

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

• The defendant and the victim were in a qualifying domestic relationship.

• The defendant committed an act of domestic violence as defined in Statute 1.132.

• One or more aggravating factors were present during the commission of the act, including but not limited to:

  • The use or threatened use of a deadly weapon.

  • Infliction or attempted infliction of serious bodily injury.

  • The act was committed in knowing violation of an active protective or no-contact order.

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

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

  • The defendant has a prior conviction for domestic violence or a related violent offense.

(c) Defenses

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

• Self-Defense: The defendant reasonably believed they were in imminent danger and used proportional force.

• No Use of Weapon: If a weapon was present but not used, the prosecution must prove intent to use or threat thereof.

• False Allegation or Misidentification: The defendant was wrongly accused or misidentified as the perpetrator.

• Unintentional Injury: The alleged injury was not the result of intentional or reckless conduct.

• Procedural Invalidity of Protective Order: The restraining order alleged to be violated was not legally enforceable at the time.

(c) Aggravating Factors

The court may impose enhanced felony sentencing, including longer incarceration and mandatory minimums, if any of the following apply:

• The victim sustained permanent disfigurement, disability, or required extended hospitalization.

• The defendant brandished or discharged a firearm during the incident.

• The violence was part of a repeated pattern of abuse or control documented by prior complaints or protective orders.

• The offense occurred in a protected location such as a shelter, school zone, or court-ordered visitation site.

• The victim was particularly vulnerable due to age, pregnancy, disability, or dependency.

• The act was recorded, broadcast, or shared electronically to humiliate or threaten the victim.