Madison Law Firms Explore The Basics Of Domestic Violence in Wisconsin

Domestic violence remains a serious legal issue across Wisconsin and for Madison law firms. Under its broadest definition, domestic violence is a single act or pattern of abusive behavior in a domestic relationship. A domestic relationship may exist between people who are:

• Dating
• Married
• Divorced
• Roommates
• Former roommates
• Parents to a common child
• Expecting a child in common, or
• Related by blood or marriage

Under Wisconsin law, a person may be convicted of domestic abuse or domestic violence by committing:

• Battery/injury
• Sexual assault
• Inflicting pain or fear

In some states, committing battery against a family member is punished more severely than if the crime were committed against a non-family member. This is not the case in Wisconsin unless the offender has multiple prior convictions. However, there are other special rules and procedures to be aware of under Wisconsin domestic violence laws.

Special Considerations Under Wisconsin Domestic Violence Laws

• An Arrest May Be Required. In Wisconsin, an arrest may be required. Police officers must arrest and take defendants into custody if he or she has reasonable grounds to believe that the defendant has committed domestic abuse and:
  • The continuation of abuse is likely,
  • The victim has evidence of physical injuries, or
  • The defendant is the predominant aggressor/abuser.
• Offenders Cannot Be Released. Once an offender has been arrested, he or she cannot be released until posting bail or being seen by a judge.
• It Is A Crime To Violate A Restraining Order. Officers are required to arrest and take into custody anyone who is in violation of a restraining order. Anyone who is the victim of domestic violence can file a temporary restraining order. Violating a temporary restraining order or final injunction can result in up to 9 months in jail and fines of as much as $1,000.
• The Defendant May Not Have Contact With The Victim. Unless the victim has signed a written waiver, anyone who has been arrested for domestic abuse cannot have contact with the victim and must stay away from the victim’s residence or temporary place of residence for 72 hours after the arrest. Violating a no contact requirement is punishable by up to 9 months of jail time and fines of as much as $10,000.
• Deferred Prosecution Is A Possibility. Prosecutors can decide to defer, or hold off on, prosecuting a defendant in certain cases. Under these circumstances, the prosecutor agrees to hold off on prosecution for a certain period of time as long as the defendant agrees to comply with certain conditions. The advantage of this approach is that at the end of the set period of time, charges may be dismissed – so long as the defendant has fulfilled his or her obligations. If the defendant does not fulfill the obligations set forth, prosecution can resume at any time.
• Definition Of A Repeat Offender. A person is considered a repeat offender if he or she:
  • Commits domestic abuse within 72 hours of being arrested for a domestic abuse incident, Or
  • Has been previously convicted of two crimes within 10 years for which the court could impose the special domestic violence fee.
• There Is A Domestic Violence Fee. Anyone who has been convicted of domestic violence must pay a $100 fee.

Madison Law Firms Provide Legal Assistance For Those Charged With Domestic Violence

Charges of domestic violence can have long-lasting and serious consequences for individuals and entire families. Anyone who is charged with domestic violence, arrested for domestic abuse, or served with a restraining order should contact Madison law firms for help right away. A domestic violence attorney can objectively evaluate your situation, provide you with advice, guidance, and support, and help defend you against the charges.

Contact the domestic violence attorneys at Eisenberg Law Offices at 608-200-4057 to schedule a free consultation.