Milwaukee Domestic Violence Attorney
Domestic Violence Defense Representation in Waukesha and Kenosha Counties
In Wisconsin, domestic violence refers to any act of violence or abuse that takes place in a domestic setting. A conviction in a domestic violence case can result in years of jail time and fines of up to $50,000. A person convicted of domestic violence also may lose their right to possess firearms or see their children.
With so much at stake, you need a capable legal representative when you are facing any type of domestic violence charge. Our Milwaukee domestic violence lawyer is a former prosecutor who understands how to effectively approach these cases. At Lee Law Firm LLC., we care about our clients and are champions of equal justice. We understand many domestic violence charges result from honest misunderstandings that get blown out of proportion. No matter your circumstances, we will help you navigate each step of the legal process and build the strong defense you deserve.
What Is Considered “Domestic Violence” in Wisconsin?
A person can be charged with “domestic violence” if they intentionally cause harm to a family member or someone in their household. Someone can also face these charges if their conduct makes another family or household member reasonably believe they are in imminent danger. In other words, someone can be arrested for domestic violence even if no one is physically harmed.
Domestic violence is also called “domestic abuse” or “intimate partner violence” (in situations where the act occurs between spouses or romantic partners). It is important to understand that domestic violence is not a criminal offense in and of itself: It “enhances” assault and/or battery charges.
When a law enforcement officer investigates a domestic disturbance, they are obligated to make an arrest if a victim is physically injured, if they believe abuse will continue if an arrest is not made, or if they believe someone is the primary aggressor in a relationship. If you are arrested, you will automatically be placed under a “no-contact order.” This means you cannot contact or go near the alleged victim during the 72-hour period after your arrest, so you will not be able to immediately return home if you and the alleged victim live together.
The penalties in a domestic violence case will depend on the severity of the harm sustained by the victim and the perpetrator’s intentions. Generally, the more serious the victim’s injuries, the more serious the charges. Charges in Wisconsin can range from non-criminal citations to felonies. Other factors – including prior convictions and the use of weapons – may influence how someone is charged.
Domestic violence punishments in Wisconsin can include:
- Up to 15 years of imprisonment
- Up to $50,000 in fines
- Being subject to the terms of a final restraining order
- Loss of firearm rights
How Restraining Orders Work in Wisconsin
In Wisconsin, victims of domestic violence have the right to request a temporary restraining order after an arrest has been made. If the victim exercises this right, you will be served a copy of their request and the temporary order. Temporary restraining orders will typically remain in effect until a court hearing can be scheduled. At this hearing, the victim will need to present evidence that shows “beyond a reasonable doubt” that they will likely face additional harm if a final restraining order is not granted. If a final restraining order takes effect, you will most likely need to surrender all of your firearms.
Violating a temporary or final restraining order is a crime in Wisconsin. You will likely face additional criminal charges (in addition to domestic violence and assault/battery charges) if you violate any term of the order. Our Milwaukee domestic violence attorney can fervently represent you in restraining order hearings.
Do Not Lose Hope. Contact Our Firm Today!
Even allegations of domestic violence can do substantial damage to your reputation, so it is in your best interest to do everything you can to defend yourself when you are facing these charges. Our Milwaukee domestic violence lawyer is committed to protecting your rights and will walk you through your legal options. Our team at Lee Law Firm LLC. understands how these cases are decided in Wisconsin and will leverage all of our resources to provide results-oriented representation.
Under Wisconsin Statutes 940.19:
Class A misdemeanor – causing any harm while intending to cause bodily harm
Class I felony – causing substantial bodily harm with intent to cause bodily harm
Class H felony – causing great bodily harm with intent to cause bodily harm
Class E felony – causing great bodily harm with intent to cause great bodily harm
A conviction of a Class A misdemeanor can result in penalties of up to 9 months in jail and fines up to $10,000.
Felony charges can be filed as Class I, H, or E with penalties of 3 and a half to 15 years in prison and fines between $10,000 and $50,000 depending on the degree of bodily harm done and your intentions.
Having an attorney at Lee Law Firm walk you through a domestic violence charge is extremely important in order to help you understand the defenses that you have and how the evidence will weigh for and against you at trial. This will allow you to make the best informed legal decision as to how you want to move forward with your case.
Assault and battery cases which do not result in bodily harm or independent eye-witnesses often are a matter of “he said, she said.” Credibility, in those circumstances, is key. Your attorney at Lee Law Firm can walk you through the necessary steps to prepare for your specific case.