Accused of Domestic Abuse in Wisconsin?
A domestic abuse charge can be one of the most challenging charges to deal with as it most often involves a highly emotionally situation. The consequences of a domestic abuse charge are serious and take effect immediately.
In Wisconsin, the domestic abuse enhancer can be added to a charge such as battery or disorderly conduct when: (1) the alleged victim is either your spouse or former spouse; (2) you have a child with the alleged victim; or (3) you currently live with or have lived with the alleged victim in the past. In the 72-hours immediately following your arrest for a domestic abuse incident, you must avoid the residence of the alleged victim and have absolutely no contact with the alleged victim; however, it is possible for the alleged victim to waive these conditions.
What happens if I am found guilty of being a domestic abuse repeater?
Due to the circumstances of domestic abuse incidents, the above conditions can often prove difficult to follow; however, it is extremely important to abide by the conditions because any violation could result in a domestic abuse repeater charge. There are two major consequences if you are found guilty of being a domestic abuse repeater. First, the maximum term of imprisonment that you are facing can be increased by two years. Second, if the underlying domestic abuse charge was a misdemeanor, it automatically becomes a felony. You can also be charged as a domestic abuse repeater if you were convicted of two or more felonies or misdemeanors that involved domestic abuse in the 10-years immediately prior to the current incident. It is important to note that the alleged victims in the cases do not have to be the same and domestic abuse convictions in other states could possibly count.
What are no-contact conditions?
If you are granted bail on a domestic abuse charge and the no-contact provisions were enforced, the same no contact provisions are likely to be set as conditions of your bond. The no-contact conditions may mean that upon release from jail you are not allowed to return home or speak with your spouse until the case is resolved. Although it may be difficult to follow the conditions because of the relationship(s) involved, any violation could result in additional criminal charges including bail jumping.
Do I really need a domestic abuse attorney?
Due to the relationships involved and the nature of the charges, domestic abuse charges can be the most overwhelming and stressful charges to face. It is important to have somebody by your side to help you navigate any no-contact provisions and protect you from the potentially serious consequences. That is why you should contact an experienced criminal defense attorney immediately. There are several ways that an attorney can help you defend against any domestic abuse charge. One way to defend against the charge is to show that: (1) the alleged victim is not your spouse or former spouse; (2) you do not have a child with the alleged victim; or (3) you do not and have never lived with the alleged victim. A second way to defend against the charge is to show that there is no basis for the underlying charge. In other words, show that you did not commit a disorderly conduct, battery, or whatever other charges the domestic abuse enhancer is attached to.
