Wisconsin has strict mandatory arrest laws for allegations of domestic violence. With mandatory arrest, an officer is legally obligated to take a suspect into custody if they have reason to believe a domestic violence crime has been committed.
The laws overseeing domestic violence can be confusing because they’re defined differently in different law codes. The Wisconsin Family Law Code characterizes an incident of domestic violence as having the following features:
The criminal law code differs slightly, as it doesn’t consider abuse between dating partners. It also doesn’t provide a definition of domestic abuse — instead, a modifier may be used to address abusive behavior. When this is the case, a domestic violence charge can enhance another penalty, such as aggravated battery or homicide.
The state’s “mandatory arrest” law is based on Wis. Statute 968.075. If police are called to a possible domestic situation and must make an arrest, the case is automatically referred to the Dane County District Attorney’s office in Madison. The alleged victim is not allowed to explain, recant, or request that the charges be dropped.
Following an arrest, the alleged aggressor may not have contact with the alleged victim for 72 hours. Violating the no-contact order, even if you’re innocent and the alleged victim consents to visitation, could result in a fine of up to $10,000 and a sentence of up to nine months in jail.
Every case is different, but you can successfully challenge a charge of domestic violence with the help of Maciolek Law Group.
In some domestic violence cases, the person who was arrested was defending themselves or trying to protect their children. A self-defense claim may be successful if the defendant had a reasonable belief of an imminent threat and their response was proportionate.
Individuals facing domestic violence allegations often benefit from working with experienced Criminal Defense Attorneys in Sun Prairie who understand the potential consequences of a criminal conviction.
Additionally, you must establish that you didn’t initiate the incident. Any documentation, such as photographs of injuries, medical records, and eyewitness testimonies, can be helpful for this purpose.
Facing a domestic violence charge alone is highly stressful. A skilled attorney from Maciolek Law Group will explain the legal process to you step by step. They’ll also keep you informed on the progress of your case and be your advocate inside and outside of court.
If your rights have been violated in any way, such as through unlawful search and seizure, they’ll take steps to right the wrongs. Just as importantly, they’ll prevent you from incriminating yourself and defend your right to due process. Individuals facing domestic violence allegations often benefit from working with an experienced Criminal Defense Attorney in Sun Prairie who understands the potential consequences of a criminal conviction.
Contact us to schedule a free case evaluation. Our firm has substantial experience defending clients in domestic violence cases, and we know how to navigate Wisconsin’s complex legal system and get results.
