There are several factors that need to meet in order for a crime to be considered domestic violence (or domestic abuse) in the state of Wisconsin. First the crime must be committed against a family member or fellow household member. Next the defendant must inflict injury, pain, fear, or sexual assault on the victim.

Domestic violence carries a harsher penalty than other crimes in some states, but domestic violence in Wisconsin does not have harsher penalties.

Getting Arrested for Domestic Violence in Wisconsin

Anytime a police officer suspects domestic violence has occurred, the officer must take the defendant into custody. In order for the officer to have reasonable grounds for an arrest there must be evidence that:

  • Continued abuse is likely
  • Physical injury to the victim occurred
  • The defendant is the predominant aggressor

Once the defendant is arrested they cannot be released until they have seen a judge or posted bail. Regardless of how fast the defendant is released from custody, they cannot have any contact with the victim for 72 hours after the arrest. This means the defendant cannot go to the victims residents or have a 3rd party contact the victim. The only exception to this rule is if the victim signs a waiver.

Victims of domestic violence can file for a restraining order against the defendant, which will extend the 72 hour no contact period. If the defendant violates the terms of the restraining order they will be arrested again.

If you have been charged with domestic violence, you need to get legal help as soon as possible. The Wisconsin domestic violence lawyers at Huppertz & Powers have the experience needed to defend clients accused of domestic violence.

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