A domestic violence allegation will have far-reaching consequences for your livelihood, relationships, and reputation, even if you haven’t been convicted. Wisconsin takes these offenses seriously, so you should know the relevant state laws and penalties. We’ll cover both topics in this post and explain some common defense strategies used in Milwaukee domestic abuse trials.

What Constitutes Domestic Violence in Milwaukee?

In Wisconsin, domestic abuse is not a criminal charge in itself. Instead, it’s a modifier applied to other charges under two specific circumstances.

First, the alleged act must involve any of the following:

Intentionally inflicting physical pain, illness, or injury
Intentionally impairing someone’s physical condition
Sexual assault
A physical act causing the other person to fear that the accused will commit the above behavior

Second, the act must have occurred in the context of a specific relationship. The law defines different types of qualifying relationships for criminal and civil domestic abuse cases. These relationships meet the criminal definition:

Married or formerly married couples
People who have a child in common
People who the defendant lives or used to live with (for example, an unmarried couple living together)

The law does not require specific patterns of behavior. Only one incident is necessary to apply the domestic abuse modifier.

Types of Domestic Violence Charges in Wisconsin

Domestic abuse-related charges can range from misdemeanors to felonies. Some charges escalate to the felony level if the alleged act was severe or the defendant has prior convictions.

Some crimes that can fall under the domestic abuse umbrella include the following:

Battery – Battery occurs when someone intentionally causes bodily harm to another person.
Disorderly conduct – Violent, indecent, or profane behavior in the context of a domestic relationship can qualify for the domestic abuse modifier.
Strangulation/suffocation – A suspect may be charged with strangulation and suffocation if there is evidence of choking.
Stalking – Stalking occurs when someone’s conduct causes another person to fear for their safety or suffer emotional distress.

Penalties for a Domestic Violence Conviction in Wisconsin

The penalties for domestic abuse in Wisconsin depend on the nature of the charges and your prior criminal history. For example, these are the maximum penalties for the charges mentioned above:

Battery – As a misdemeanor, battery carries up to 9 months in jail and a $10,000 fine. If the charges escalate to a Class I felony, you could face a $10,000 fine and up to 3 1/2 years in prison.
Disorderly conduct – Disorderly conduct is a misdemeanor carrying up to 90 days in jail and a $1,000 fine.
Strangulation/suffocation – These offenses are Class H felonies, and you could face up to 6 years in prison and a $10,000 fine if convicted.
Stalking – Stalking is a Class I felony carrying up to 3 ½ years in prison and a $10,000 fine.

Your lawyer can tell you more about the possible penalties in your case.

Collateral Consequences Beyond Criminal Penalties

The consequences of a domestic abuse-related conviction can extend far past fines or incarceration. You may face the following restrictions or difficulties after serving your sentence:

Restraining or protection orders – These court orders limit where you can go and who you can contact. You may not be able to return to your home until an order expires.
Child custody – A family court can factor domestic abuse history into child custody decisions.
Employment – Convictions from a domestic incident could cost you your job and limit your future employment opportunities. You may also have professional licenses suspended or revoked.
Housing – Landlords may deny you housing based on your criminal history.
Firearm possession – If you’re convicted of a misdemeanor domestic violence-related crime or are under a protection order, federal law bars you from possessing a firearm or ammo.
Voting rights – If you’re convicted of a felony domestic abuse-related offense, you will lose your right to vote until you’ve completed your sentence and all other legal obligations.

Defense Strategies for Domestic Violence Cases

Your legal team will carefully evaluate the charges against you and determine the appropriate defense strategy to use. A few common defenses in domestic violence cases include the following:

Self-defense – If you believed you were in danger of imminent bodily harm and protected yourself with reasonable force, your lawyer may argue you acted in self-defense.
Accidental conduct – If you can prove you did not intend to harm the other person and unforeseen circumstances led to the incident, you may have a defense. However, the prosecution may take advantage of the legal difference between accidental and negligent behavior.
Defending another – This defense argues that you used reasonable, necessary force to defend someone else from abuse.
Inconsistent story – Unfortunately, false domestic abuse allegations can arise in hotly contested divorce or child custody proceedings. Your lawyer can identify possible inconsistencies in your accuser’s story.
Limited evidence – For a jury to convict you, the prosecution must prove beyond a reasonable doubt that you committed the offense. That can be a difficult standard to meet when many domestic incidents don’t have witnesses beyond the involved parties.
Procedural violations – If law enforcement violated procedures or Constitutional rights during their investigation or your arrest, any resulting evidence may not be admissible.

Wisconsin’s Mandatory Arrest and Protection Order Laws

Legal challenges can start right away if you’re accused of domestic abuse. Wisconsin requires law enforcement responding to a domestic call to make an arrest if one of these circumstances is present:

There is evidence of physical injury.
The person is the primary aggressor, as determined by legal criteria.
Officers reasonably believe that continued abuse is likely.

Once you’re arrested, an automatic protection order takes effect. You cannot contact the alleged victim for 72 hours unless they waive the right to the order.

Contact a Milwaukee, WI Domestic Violence Defense Attorney

If you’ve been accused of domestic abuse in Milwaukee, don’t wait to protect your reputation and legal rights. Since 1993, the team at Hart Powell, S.C. has become one of Wisconsin’s most prominent criminal defense firms. We have experience representing high-profile clients in some of the state’s most consequential cases, and our goal is to bring the same level of service, skill, and access to you. Contact our office at (414) 271-9595 for a confidential consultation with our Wisconsin domestic violence defense attorneys.