Domestic violence is a relatively common issue in Wisconsin. Disputes between romantic partners, immediate family members or those who live together can quickly become physically violent encounters.
One of the parties involved or concerned neighbors may eventually reach out to law enforcement to intervene in a volatile situation. Once that occurs, the risk of prosecution is unignorable. The people involved in a domestic dispute may find themselves at risk of arrest and a variety of criminal penalties. It is important for all involved to understand that the rules in Wisconsin are somewhat different from the approach to domestic violence in most other states.
Wisconsin doesn’t prosecute domestic violence as a distinct crime
State statutes in Wisconsin do not recognize domestic violence as a unique criminal offense. Instead, a person accused of inappropriate conduct during a domestic dispute is likely to face disorderly conduct charges. Disorderly conduct is a Class B misdemeanor. The potential penalties include up to $1,000 in fines or 90 days of imprisonment. With that said, if battery, stalking or a host of other concerns are “at play” in a given case, the charges at issue may be enhanced and prosecuted as a felonious concern.
Obviously, having a criminal record that involves violence can affect everything from an individual’s career and educational pursuits and even their ability to volunteer at their child’s school. Attempts to prosecute someone for disorderly conduct in relation to domestic violence might also result in one party seeking a restraining order against the other. A restraining order can affect where someone lives, their job and even their online behavior.
Additionally, a guilty plea or conviction could very well influence how the family courts handle custody matters in the future. Even in scenarios where the children in the family were not the victims of an incident, the courts may decline to grant full parental rights and responsibilities to someone who has exposed the children to domestic violence previously.
Those accused of domestic violence may have a variety of ways to defend against the charges they face. They could bring in specialist to prove that what police witnessed was reactive abuse. They could reframe the situation with the help of a lawyer to show that the conduct was not as bad as it seemed to outsiders.
The details of any particular allegations should inform the best possible response. Understanding how Wisconsin handles domestic violence allegations can be beneficial for those arrested after a family conflict. There is too much at stake for those affected to employ a DIY approach.