SEQ CHAPTER \h \r 1CR22-372 05/25/05

SECOND DEGREE AGGRAVATED DOMESTIC ASSAULT

(VIOLATION OF COURT ORDER AS ENHANCEMENT), 13 V.S.A. § 1044(a)(1)

[This is the introduction to the second phase of a bifurcated proceeding.  The first phase of the proceeding would be on domestic assault with bodily injury, CR22-331.]

Members of the jury:

In view of your verdict finding (Def)_______________ guilty of the charge of domestic assault, I will now tell you about a second aspect to this case.  The State has charged (Def)_______________ with second degree aggravated domestic assault, by alleging that [his] [her] actions violated a specific condition of a criminal court order, then in effect, which was imposed to protect (victim)_______________.

To this portion of the charge, (Def)_______________ has pled not guilty and puts the State to its proof on this part of the case.

[Closing jury instructions, following presentation of evidence, in the second phase of trial.]

Members of the jury:

Now that you have heard evidence on the second part of the case, it is time for you to deliberate whether to find (Def)_______________ guilty or not guilty of second degree aggravated domestic assault, under the rules I gave you previously.  Your verdict on this portion of the charge will not affect your verdict on the first portion of the charge, domestic assault.

To establish this portion of the charge, the State must have proven, beyond a reasonable doubt, that (Def)_______________’s actions violated a specific condition of a criminal court order, then in effect, which was imposed to protect (victim)_______________.

If you are persuaded beyond a reasonable doubt that the State has proven this additional essential element, then you must return a verdict of guilty on the charge of second degree aggravated domestic assault.  If, however, you are not persuaded beyond a reasonable doubt that the State has proven the additional essential element, then you must return a verdict of not guilty on this second part of the case.