767.41(2)(d)1.1. Except as provided in subd.
4., if the court finds by a preponderance of the evidence that a party has engaged in a pattern or serious incident of interspousal battery, as described under s.
940.19 or
940.20 (1m), or domestic abuse, as defined in s.
813.12 (1) (am), pars.
(am),
(b), and
(c) do not apply and there is a rebuttable presumption that it is detrimental to the child and contrary to the best interest of the child to award joint or sole legal custody to that party. The presumption under this subdivision may be rebutted only by a preponderance of evidence of all of the following:
767.41(2)(d)1.a.
a. The party who committed the battery or abuse has successfully completed treatment for batterers provided through a certified treatment program or by a certified treatment provider and is not abusing alcohol or any other drug.
767.41(2)(d)1.b.
b. It is in the best interest of the child for the party who committed the battery or abuse to be awarded joint or sole legal custody based on a consideration of the factors under sub.
(5) (am).
767.41(2)(d)2.
2. If the court finds under subd.
1. that both parties engaged in a pattern or serious incident of interspousal battery, as described under s.
940.19 or
940.20 (1m), or domestic abuse, as defined in s.
813.12 (1) (am), the party who engaged in the battery or abuse for purposes of the presumption under subd.
1. is the party that the court determines was the primary physical aggressor. Except as provided in subd.
3., in determining which party was the primary physical aggressor, the court shall consider all of the following:
767.41(2)(d)2.b.
b. The relative severity of the injuries, if any, inflicted upon a party by the other party in any of the prior acts of domestic violence under subd.
2. a. 767.41(2)(d)2.c.
c. The likelihood of future injury to either of the parties resulting from acts of domestic violence.
767.41(2)(d)2.d.
d. Whether either of the parties acted in self-defense in any of the prior acts of domestic violence under subd.
2. a. 767.41(2)(d)2.e.
e. Whether there is or has been a pattern of coercive and abusive behavior between the parties.
767.41(2)(d)2.f.
f. Any other factor that the court considers relevant to the determination under this subdivision.
767.41(2)(d)3.
3. If the court must determine under subd.
2. which party was the primary physical aggressor and one, but not both, of the parties has been convicted of a crime that was an act of domestic abuse, as defined in s.
813.12 (1) (am), with respect to the other party, the court shall find the party who was convicted of the crime to be the primary physical aggressor.
767.41(2)(d)4.
4. The presumption under subd.
1. does not apply if the court finds that both parties engaged in a pattern or serious incident of interspousal battery or domestic abuse but the court determines that neither party was the primary physical aggressor.
