Domestic abuse allegations can trigger serious legal consequences, but someone accusing you of abuse doesn’t automatically mean law enforcement will make an arrest. When you know what factors influence law enforcement decisions, that can help you protect your rights.
Wisconsin Domestic Abuse Laws
Wisconsin defines domestic abuse to include physical harm, threats, or repeated patterns of controlling behavior between family or household members. Family members can be:
- Spouses and former spouses
- Parents and children
- People living together
- People in dating relationships
Wisconsin law allows officers to make an arrest if they have probable cause to believe domestic abuse occurred, even if the alleged victim does not want to press charges.
When Police Must Make an Arrest
Some people believe officers must arrest someone anytime they respond to a domestic abuse call. That isn’t correct. An arrest is mandatory only when two things are true:
- The officer reasonably believes domestic abuse occurred, the conduct is a crime; and
- At least one statutory trigger applies. In short, either the officer reasonably believes continued domestic abuse is likely, there is evidence of physical injury, or the person is the “predominant aggressor.”
Wisconsin law directs officers to identify the “predominant aggressor.” That means the most significant aggressor, not necessarily the first person who used force. Once the officer identifies the predominant aggressor, the law generally directs the officer not to arrest anyone else, unless another statute requires it. For example, imagine a person who pushes someone out of the way when they’re blocking the door. If the person blocking the door punched them in retaliation, the person who “started it” by pushing would not necessarily be the predominant aggressor.
To decide who the predominant aggressor is, officers are supposed to consider factors like:
- The history between the parties
- Witness statements
- Relative injuries
- Who appears fearful
- Whether anyone made threats of future harm
- Whether someone acted in self-defense
This part of the law tries to prevent dual arrests while protecting people who act to defend themselves or others.
Finally, if the officer’s reasonable grounds come from a report rather than something the officer observed directly, an arrest is required only if the report was received within 28 days of the alleged incident. A report made after that point doesn’t require an arrest—even if it describes conduct that would otherwise fall under the statute.
What Happens When Officers Don’t Make an Arrest?
Wisconsin requires a written explanation any time an officer has reasonable grounds to believe a crime occurred but chooses not to arrest. They must prepare a written report explaining why and send it to the district attorney immediately after the investigation. The district attorney then reviews the report and decides whether to file charges. This means you may still face charges, even when no one is arrested at the scene.
The 72-Hour No-Contact Rule
Anyone arrested for a domestic abuse incident must follow a mandatory 72-hour no-contact rule unless the alleged victim signs a written waiver. Officers must give written notice of this rule before release, and the arrested person must sign an acknowledgment.
During those 72 hours, the arrested person must avoid the alleged victim’s home, any temporary residence, and all contact—direct or indirect—except through law enforcement or attorneys. Violating the rule is a separate crime that carries up to nine months in jail and a fine of up to $10,000.
Learn How Maciolek Law Group Can Help You
The lawyers at Maciolek Law Group defend people accused of domestic violence. If you’re facing a domestic abuse allegation in Green Bay or the surrounding northeastern Wisconsin area, contact our law firm for a confidential consultation.