What Is the Predominant Aggressor in a Wisconsin Domestic Violence Case?

 Posted on June 30, 2023 in Criminal Defense

In Wisconsin, when responding to domestic violence incidents, law enforcement officials must determine who is the predominant aggressor in order to make an arrest. Being the predominant aggressor means that a person has used physical violence or has threatened to use physical violence against another person with whom they have a domestic relationship. If you have been arrested for domestic violence, you need legal representation to fight for your rights and interests.

Here is What the Law Says in Wisconsin

Wisconsin states that domestic violence occurs when an individual deliberately causes physical pain or injury to another person with whom they reside with or are married to. Emotional distress, sexual assault, and fear of imminent harm are also important factors in domestic abuse cases in Wisconsin. When deciding who the predominant aggressor is in a domestic violence case, factors such as a history of abuse, the severity of the injuries sustained by each party, and who has been the primary aggressor in past incidents may also be taken into account.

If the police determine that one person is the predominant aggressor, they must arrest that individual and bring him or her to jail. Officers must arrest all individuals involved in the physical altercation if there are multiple aggressors in the incident. It is important to note that Wisconsin has a mandatory arrest policy in domestic violence cases, meaning that law enforcement officers are required to make an arrest in cases of suspected domestic violence. Moreover, after making an arrest, officers must file a police report documenting the incident and submit the report to the district attorney’s office for further action.

The Predominant Aggressor in Domestic Violence Cases

In Wisconsin domestic violence cases, being designated as the predominant aggressor can result in serious legal consequences. Possible penalties for domestic violence convictions can include jail time, probation, fines, and mandatory enrollment in counseling or other treatment programs. Additionally, individuals convicted of domestic violence offenses can be subject to restraining orders, which can limit or restrict their contact with the sufferer of the violence and restrict their ability to possess firearms.

Contact a Milwaukee County Criminal Defense Attorney

Of course, a domestic violence conviction can have devastating legal consequences, but also non-legal consequences as well. You may be ostracized by your friends and family, as well as difficulty finding employment. With this in mind, consult the established Waukesha County criminal defense lawyer with Bucher Law Group, LLC for the legal assistance you need and deserve. Call 262-303-4916 for a free consultation.

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