Domestic violence is a crime in Wisconsin. However, minor arguments and instances of consensual violence can be taken out of context and inappropriately charged as instances of domestic violence. When this happens, the individual charged with domestic violence can face substantial criminal penalties.
In Wisconsin, the following types of act may be charged as domestic violence:
Put into specific examples, domestic violence includes hitting, pushing, kicking, engaging in non-consensual sexual activity, and brandishing a weapon in a threatening manner.
There are numerous ways an act of alleged domestic violence may be charged. How an incident is charged depends on the details of the case. Ways domestic violence can be charged in Wisconsin include:
The consequences for a domestic violence conviction go beyond criminal penalties. If you are a parent with a child custody order in place, having a domestic violence conviction on your record will negatively impact your custody order. It could lead to you having your parenting time significantly reduced, subject to third party supervision, or even terminated altogether.
When law enforcement is called to investigate a case of alleged domestic violence, they may arrest the alleged abuser if there is reasonable cause to believe the following:
Following the arrest, a 72-hour No Contact order goes into effect unless the alleged victim waives this order. This order prohibits the arrested party from contacting the victim in any way and going to his or her home.
Your criminal defense lawyer is your advocate. His or her role in your case is to determine the most effective legal defense strategy for you and to then use it to demonstrate to the court that you are not guilty of domestic violence. He or she can coach you on how to communicate with law enforcement and the court to avoid incriminating yourself and ensure that at every stage of your case’s progress, you know your rights.
In addition to fighting your domestic violence charge, your lawyer can help you fight a restraining order. Restraining orders can be extremely limiting and in many cases, they pose unreasonable limits on an individual’s ability to maintain a relationship with his or her children. It is important that unless and until your restraining order is lifted, you obey all of its terms. Violating the 72-hour No Contact period after an arrest can result in nine months in jail and a fine of up to $10,000, and violating a temporary restraining order can result in a nine-month jail sentence and a fine of up to $1,000.
There are many different potential ways to defend your case against a domestic violence charge. The most effective way for you depends on your case’s circumstances. A few defense strategies used to fight domestic violence charges include:
If you are facing a domestic violence charge, be proactive and start working on your legal defense strategy with an experienced criminal defense lawyer now. To get started with our firm, contact Hammett, Bellin & Oswald, LLC today to set up your initial legal consultation in our office. We are here to answer every question you have and work with you to develop the most effective legal defense strategy for your case.