Charged with Domestic Violence?
What happens if I am accused of domestic violence in Wisconsin?
Police officers often act rashly when arriving at the scene of a domestic fight. They may place an individual under arrest without all of the facts and even without the consent of the alleged victim.
In fact, the prosecution can move forward with criminal charges even if the alleged victim does not want to press charges. Moreover, the evidence is often obtained at a time of turmoil. Facts may be confused. Investigations may be thin. You deserve to work with a lawyer who knows how to unravel the facts to present a compelling defense.
At Levine Law in Milwaukee, we know how complicated and emotional domestic violence defense can be. We also know how much is at stake. If you have been arrested for any crime related to domestic abuse, we can help you through Wisconsin’s assault laws, and we will work hard to have your charges dismissed, gain an acquittal or have the penalties reduced in your favor.
What constitutes domestic violence charges in Wisconsin?
What are Wisconsin’s assault laws?Section 940.19 of the Wisconsin State Legislature outlines a violation of bodily security: “Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person”. What separates domestic violence cases is how these cases are handled. The law outlines the circumstances under which a police officer must place an individual under arrest in cases involving a domestic dispute. In general, a police officer must place an individual under arrest if there are reasonable grounds for believing that abuse has occurred. Additionally, it must be likely the abuse will continue, there is evidence of physical injury or the individual being arrested is the predominant aggressor. Without a waiver signed by the alleged victim, you will be prohibited from returning to the victim’s home or from contacting the victim for 72 hours after your arrest. There may also be other restrictions if a restraining order or protective order has been filed against you.
How can a domestic abuse lawyer help represent me in court?
- When Should Police Read Me My Miranda Rights?Most people in America have at least a passing familiarity with their Miranda rights from their frequent use in television and pop culture. However, beyond knowing that they have the right to remain silent and have the right to an attorney, many people do not understand exactly when an officer must read them their Miranda rights.
- Did You Receive Assault Charges While Defending Yourself?
Any time that violence breaks out, there is the possibility of assault charges. Of course, the reality of the matter is that assault charges are often completely unfair and do not address how the altercation at the center of the charges came about.
- Part 1: Why Can’t You Afford to Dismiss Battery Charges?It’s a situation that plays out in living rooms, barrooms, locker rooms, dorm rooms and all other types of locations on a daily basis: an argument erupts, tempers flare and a physical altercation ensues.
- Part 2: When is battery punished as a felony?Last month, our blog began discussing how even the most seemingly minor physical altercations can have serious consequences in that one person, simply wanting to put the matter behind them or dismiss it as nothing, may nevertheless find themselves placed under arrest for misdemeanor battery.
- Part 3: What constitutes “great bodily harm?”Felony-level charges can be brought when battery results in substantial bodily harm or great bodily harm or is perpetrated against certain classes of people. Intent is a major factor.