Domestic Violence Defense Lawyers Serving Green Bay, Appleton and Oconto
Domestic violence charges are some of the most contested criminal charges. If someone calls the police to report a domestic dispute someone is likely going to jail because of Wisconsin’s mandatory arrest law.
Mandatory Arrest Laws In Wisconsin
Wisconsin has a mandatory arrest law for domestic violence cases. These mandatory arrest laws require police officers responding to the scene of a domestic violence to determine who the “predominant aggressor” was. Whoever the police determine to be the predominant aggressor goes to jail. The arrest is just the beginning.
For example, if you argue with your wife or girlfriend and she calls the police, the responding officer is required to arrest you if he believes that a domestic violence crime has occurred in your home. After the arrest, the case will be referred to the district attorney’s office. At that point, the alleged victim has lost any chance of “dropping” the charges. It is no longer in her power to do so.
How to Tell Your Side of Story During Domestic Violence Allegations
The Green Bay criminal defense attorneys at Maciolek law group are highly trained to help our clients avoid convictions through jury trials, getting charges reduced or dismissed, and avoiding collateral consequences. We heavily litigate domestic violence allegations and will advise you whether resolving your case through pre-trial litigation better protects your rights than going to trial.
If you were arrested for domestic violence case in Wisconsin, you absolutely need a criminal defense attorney. A domestic violence lawyer can help you avoid a domestic violence conviction on your record which can have long-term effects on your personal, professional and social live.
Maciolek Law Group has successfully defended clients charged with the following domestic violence allegations of:
- Disorderly Conduct
- Battery, Substantial Battery, and Aggravated Battery
- Violation of Domestic Abuse Restraining Order
- Sexual Assault
- Bail Jumping
- Criminal Damage to Property
Wisconsin Domestic Violence Defense FAQs
Accusations of domestic violence can ruin reputations, end careers, and shatter families. At Maciolek Law Group, our knowledgeable domestic violence defense attorneys are committed to providing an aggressive defense to the accused.
How is domestic violence defined in Wisconsin?
According to Wisconsin law, domestic violence is an act of physical violence, pain, illness or sexual assault that is intended to cause harm to someone with whom you have a close relationship. This could include a current or former spouse, partner, family member, or anyone living in the same household as you.
Domestic violence charges enhance other criminal charges, meaning that crimes involving someone you have a close relationship with will carry more severe penalties than charges involving strangers. Domestic violence charges commonly enhance penalties for crimes such as battery, aggravated battery, kidnapping, disorderly conduct, sexual assault, and homicide.
What is Wisconsin’s mandatory arrest law?
Law enforcement is required to arrest the alleged “predominant aggressor” in Wisconsin domestic violence incidents. This means that if police arrive at the scene and believe that you could have committed domestic abuse, you will likely go to jail.
Once an arrest has been made, the alleged aggressor is not permitted to have any contact with the alleged domestic violence victim for 72 hours. It is important to note that — regardless of your innocence — violating the no-contact order can result in serious consequences. If you violate the no-contact order, you could face up to 9 months in jail and/or a $10,000 fine.
What are the penalties for domestic violence in Wisconsin?
In Wisconsin, domestic violence charges act as an enhancer to other charges, such as battery or assault, when they involve a close family member or intimate partner. For example, if you are charged with battery against a close family member, domestic violence charges may be brought on top of battery, leading to more severe consequences.
Domestic violence charges range from non-criminal citations to felony-level offenses depending on the circumstances of the incident. If convicted, you may be forced to leave your home, lose the right to see your children, and/or lose your firearm rights for the rest of your life.
What should I do if I am accused of domestic violence in Wisconsin?
Dealing with an accusation of domestic violence can be a stressful and scary experience. It is important to take immediate action to protect yourself and your rights, regardless of whether the accusations are true or false.
If you have been accused of or charged with domestic violence, take the following steps:
Remain calm and seek legal advice
Contact an experienced domestic violence defense attorney right away for legal advice and representation. An attorney can help you understand your rights, explain the legal process, and develop a defense strategy for your case.
Do not make any statements to the police or any officer of the law.
It’s critical that you exercise your right to remain silent and not make any statements to law enforcement or the accuser until you have spoken with your attorney. Any statement you make can and will be used against you in court.
Gather any evidence you may have and discuss this evidence with your attorney.
Collect and preserve any physical evidence that could support your defense, such as photos or videos of the scene, text messages, voicemails, and emails. Witness statements can also be useful in establishing your innocence.
Follow and legal mandates and court orders
If you are subject to a restraining order, follow its terms carefully to avoid further legal complications. Violating a restraining order can lead to additional charges and penalties. If ordered by the court, attend any mandatory counseling sessions and follow any other court mandates.
How can I defend myself against domestic violence charges?
If you have been charged with domestic violence, the best way to defend yourself is to consult with an expert in domestic violence defense. A Wisconsin domestic violence lawyer will play a critical role in your defense.
At Maciolek Law Group, our attorneys will get to work on your defense immediately. We will review all the evidence against you to determine weaknesses in the prosecution’s case and negotiate with them on your behalf. By working with a competent domestic violence attorney, you stand a better chance of achieving a positive outcome in your case.
Contact a Green Bay, Appleton and Oconto Domestic Violence Defense Attorney
If you have been charged with domestic violence, you need the best domestic violence attorney on your side to ensure that your rights are protected as you navigate the legal system. Contact our office online today or call us at 920-309-3813 for a free consultation.