968.075 Domestic abuse incidents; arrest and prosecution.
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968.075 Domestic abuse incidents; arrest and prosecution.
(1)Definitions. In this section:
(a)“Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common:
1. Intentional infliction of physical pain, physical injury or illness.
2. Intentional impairment of physical condition.
3. A violation of s. 940.225
(1),
(2)or
(3).
4. A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described under subd. 1. , 2. or 3.
(b)“Law enforcement agency” has the meaning specified in s. 165.83
(b).
(d)“Party” means a person involved in a domestic abuse incident.
(e)“Predominant aggressor” means the most significant, but not necessarily the first, aggressor in a domestic abuse incident.
(2)Circumstances requiring arrest; presumption against certain arrests.
(a)Notwithstanding s. 968.07
(1)and except as provided in pars.
(am)and
(b), a law enforcement officer shall arrest and take a person into custody if:
1. The officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person’s actions constitute the commission of a crime; and