What Consequences Will I Face if I Am Arrested for Domestic Abuse?

 Posted on August 30,2021 in Criminal Defense

Cases involving accusations of domestic violence can be very complicated and emotional. While many of these cases arise out of legitimate concerns about the safety of family members, others may involve false accusations or reports by neighbors or family members who do not fully understand a situation. Those who have been arrested because of alleged domestic abuse will need to understand their rights, the issues that may affect them going forward, and how they can defend against criminal charges.

Arrests in Domestic Abuse Cases

Wisconsin law requires a law enforcement officer to perform an arrest if they have reasonable cause to believe that a person has committed criminal acts that may be considered domestic abuse and that one of the following is true:

• It is likely that the person will commit continued acts of abuse against the alleged victim.

• Physical evidence exists showing that the alleged victim has suffered a physical injury.

• The person accused of domestic abuse is the “predominant aggressor” based on a consideration of any previous history of domestic violence, statements from witnesses, the severity of injuries suffered by each of the parties, whether anyone involved exhibits fear of the person or another party, whether one party has threatened to injure another party, and whether either party acted in self-defense or to defend another person.

If a police officer is required to make an arrest, a person cannot be released from custody until they post bail or appear before a judge. A person may also agree to a conditional release, and these conditions may include refraining from committing any acts of domestic abuse or making threats against the alleged victim or any other party.

Following an arrest for domestic abuse, the person who was arrested will be prohibited from contacting the alleged victim or attempting to contact them through another party. They will also be required to stay away from the alleged victim’s residence or anywhere that the alleged victim is staying temporarily. These restrictions will remain in place for 72 hours following an arrest. However, the alleged victim may sign a waiver at any time during this 72-hour period allowing the restrictions to be lifted. If the person who was arrested intentionally violates these restrictions, they may be fined up to $10,000 and sentenced to up to nine months in prison.

Contact Our Waukesha County Domestic Violence Defense Attorneys

While an arrest for domestic abuse can cause a number of difficulties in a person’s life, criminal charges related to domestic violence can be even more serious. A person may be charged with battery based on accusations that they intentionally harmed a member of their family or household, and if they are convicted of misdemeanor or felony charges, they could face significant fines and a lengthy prison sentence. Domestic abuse charges may also result in a restraining order or injunction that could place more restrictions on a person’s life and affect their relationship with their children or other family members. 

If you have been accused of committing domestic abuse, the attorneys of Bucher Law Group, LLC can provide you with legal representation and help you determine how to address criminal charges and other issues. Contact our Dodge County criminal defense lawyers at 262-303-4916 to set up a complimentary consultation.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/968/075

https://docs.legis.wisconsin.gov/statutes/statutes/940/ii/19