What is a domestic violence enhancer?

A domestic violence enhancer, also known as an aggravating factor, is a circumstance or variable that intensifies the severity or punishment associated with a domestic violence offense. It refers to any additional element or factor that elevates the harm caused or the dangerousness of the situation. These enhancers are considered during the legal process, particularly during sentencing, to determine the appropriate consequences for the offender.

Here are some common domestic violence enhancers:

1. Severity of injuries: The extent of physical harm inflicted on the victim can be an important enhancer. If the injuries are severe or life-threatening, it may lead to enhanced penalties or harsher sentences for the perpetrator.

2. Use of weapons: The presence or use of a weapon during the domestic violence incident can escalate the seriousness of the offense. It increases the potential danger and harm inflicted on the victim, consequently resulting in the application of more severe penalties.

3. Prior convictions: If the offender has a history of previous domestic violence-related convictions, it is considered an aggravating factor. Repeat offenders may face enhanced sentences due to their previous criminal record.

4. Violation of court orders or protection orders: If the domestic violence incident occurred while the offender was under a court order, such as a restraining order or protection order, this can lead to enhanced penalties. It showcases a disregard for legal authority and an increased level of harm to the victim.

5. Abuse in the presence of children: Committing domestic violence in front of children can significantly impact the intensity of the offense. Courts often consider children witnessing violence as an aggravating factor, increasing the severity of the punishment.

6. Strangulation or suffocation: Choking, strangling, or suffocating the victim during a domestic violence incident is considered a particularly dangerous act. Because it poses a substantial risk to the victim's life, these actions often result in enhanced punishments.

7. Prevalence of coercive control: Coercive control involves a pattern of controlling, dominating, and intimidating behavior by the offender over the victim. If this pattern is present and has been ongoing, it can be an enhancing factor taken into account during sentencing.

It is important to note that the specific factors considered as domestic violence enhancers may vary depending on the jurisdiction and applicable laws. The purpose of these enhancers is to ensure that the seriousness of domestic violence offenses is appropriately acknowledged and responded to by the legal system.