What to Know About Domestic Violence Allegations in Wisconsin

Domestic violence allegations in Wisconsin are serious. Domestic violence is a crime in the State of Wisconsin that acts as an enhancement penalty to another charged crime, such as battery, disorderly conduct, criminal damage to property, and other crimes.

The domestic abuse enhancer only applies to situations in which the accused has a relationship or prior relationship with the victim.  The type of relationships that qualify are: a spouse or former spouse; roommates or former roommates; or people with whom the accused has a child in common.

Under Wisconsin law, there is a mandatory arrest requirement for domestic violence incidents. This means that even if the person who called police and reported the incident subsequently recants their allegation, does not exhibit any sign of injury, or asks that the individual who committed the offense not be arrested for their conduct, a police officer still must arrest and take the accused into custody if the officer has reasonable grounds to believe any of the following:

1.     Continued abuse is likely;

2.     There is evidence of physical injury to the victim; or

3.     The defendant is the predominant aggressor (the person who, considering the whole relationship, is the abuser).

This concept is important to understand because with domestic violence allegations in Wisconsin, it is widely believed that the alleged victim gets to decide whether to have someone arrested and press charges.

In Wisconsin, unless the alleged victim signs a written waiver, an individual who is arrested for a crime involving domestic violence must stay away from the alleged victim’s residence and not contact the alleged victim by any means, including through third parties, for 72 hours after the arrest. Violating this requirement is a crime with its own set of penalties.

The attorneys of Wyosnick Legal, LLC are experienced in representing clients charged with crimes involving domestic violence allegations in Wisconsin.  We understand the intimate nature of these accusations, as well as the potential complications that arise from being accused of crimes involving domestic violence. 

Explore all of the areas we are able to assist in criminal defense cases for residents of Wisconsin or Illinois in our ‘Practice Areas‘ section of the website.

For a free consultation on your case, please call Wyosnick Legal, LLC at 608-230-2413.

Disclaimer: above descriptions of the law is in no way legal advice from Wyosnick Legal, LLC, nor should be considered as forming an attorney-client relationship.