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Advising Clients on Their Legal Rights and Options
Every couple has their issues, and no family is perfect. It’s normal and common for disagreements to happen and people to be frustrated and even angry. But when emotions run high, it can be difficult to keep situations under control. This could result in people doing or saying something they regret or false allegations of domestic violence in an attempt to regain control of the situation. Domestic violence cases are serious and can impact your immediate freedom and your long-term opportunities.
Domestic violence lawyers are there to represent your rights and interests in these challenging criminal cases. Call the law office of West & Dunn to ensure you have an advocate as you navigate the criminal justice system.
How Does Wisconsin Law Define Domestic Violence?
In the state of Wisconsin, domestic violence is referred to as “domestic abuse.” Wis. Stat. § 968.075 defines domestic abuse as one of four actions “engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common.” These four actions include:
- Intentionally inflicting physical pain, injury or illness
- Intentionally impairing someone’s physical condition
- Sexual assault crimes
- A physical act that causes the other person to reasonably be in fear that they are in imminent danger of the previous three points
In the state of Wisconsin, if a police officer has the reasonable belief that there has been a domestic abuse incident or there is physical evidence, such as injuries, of domestic abuse, the officer must arrest the person who was the primary aggressor. In some situations, it is possible for both parties to be arrested, but this is not as common.
Is Domestic Abuse a Misdemeanor or Felony?
The penalties for a felony charge are much more serious than those for a misdemeanor, so it’s important to understand the nature of the charges against you. In Wisconsin, domestic abuse isn’t an actual charge. Instead, those accused of domestic abuse are charged with the relevant violent crime, such as battery or sexual assault. Charges such as kidnapping, stalking, or strangulation may also be relevant. Many of these crimes are charged as misdemeanors or felonies, depending on the circumstances of the arrest and whether the defendant has any previous convictions.
For example, if you are charged with simple battery, it is a Class A misdemeanor. However, substantial battery and aggravated battery are charged as felonies. Any time you are charged with a crime after an alleged domestic abuse incident, it’s important to go over your charges with a domestic violence attorney to ensure you understand what you’ve been charged with and the severity, as this can make a difference in how you approach your defense strategy.
What Are the Potential Consequences of Domestic Violence Charges?
The potential consequences if you are convicted of a domestic violence related offense depends on the type of charge. Here are a few of the more common charges and their potential penalties:
- Disorderly conduct: Class B misdemeanor punishable by up to 90 days in jail and a $1,000 fine
- Aggravated battery: Class E felony punishable by 15 years in prison and a $50,000 fine
- Kidnapping: Class C felony punishable by up to 40 years in prison and a $100,000 fine
- Stalking: Class I felony punishable by up to 3.5 years in prison and a $10,000 fine
- First-degree sexual assault: Class B felony punishable by up to 60 years in prison
It’s clear that domestic abuse accusations can result in serious charges with potentially life-changing consequences. If you’re facing these types of charges, speak to a criminal defense attorney as soon as possible.
What Happens If You Violate a Restraining Order?
In most cases, you will be prohibited from having any contact with the alleged victim for at least 72 hours after you have been arrested. This includes not being able to go to where the person lives or works or anywhere they may be living on a temporary basis.
It’s also possible that a restraining order could be granted as a result of the original incident. These restraining orders are different from the immediate no-contact rule and can last much longer. A temporary restraining order usually lasts about 2 weeks to provide time for a hearing. A longer restraining order is called a final domestic abuse injunction. These are usually granted for up to 4 years. However, more serious crimes can result in a 10-year or even permanent injunction.
Violating the initial no contact prohibition or a following restraining order or injunction can result in a jail sentence of up to 9 months and a fine of up to $10,000. It also has the potential to result in other charges, such as stalking or harassment.
What Are Some Potential Domestic Abuse Defense Strategies?
There is a substantial stigma attached to domestic abuse allegations and the related crimes, and it can be difficult when you’re facing these types of charges to see any way out. But an attorney at a criminal defense law firm can provide counsel on your legal options and which strategy may be the right choice for your defense. If you can show that you had reasonable belief of imminent danger and had to act to protect yourself, you may be able to claim that your actions were in self-defense.
All criminal charges must be proven beyond a reasonable doubt. It may be possible to have some of the evidence against you ruled as inadmissible or discredited so that there isn’t enough evidence to convict. While it’s not required to have the alleged victim’s cooperation for a prosecutor to charge you, discrediting your accuser can make their case much more difficult to prove.
Get help with your domestic abuse case when you call the team at West & Dunn at 608-490-9449.