Disorderly Conduct
Domestic Abuse
The Law Offices of Sydne French
Aggressive Defense Against the Power & Resources of the State
- WI Disorderly Conduct Laws
- Domestic Abuse Incidents: Arrest & Prosecution
- Disorderly Conduct - Domestic Abuse Cases Won by Us
WI Disorderly Conduct Laws
The Wisconsin disorderly conduct statute is one of the most problematic statutes on the books. Prosecutors love these charges because they believe they are relatively easy to prove. The statute contains a laundry list of the types of conduct that fall under its wide net. The law doesn't even require that the conduct causes a disturbance, only that the conduct "tends" to cause a disturbance.
Wisconsin Statutes Chapter 947 defines disorderly conduct as follows:
whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.
Disorderly conduct can be charged out as a criminal misdemeanor or a simple forfeiture or fine only. Unfortunately, there has been a growing trend among prosecutors across the State of Wisconsin to prosecute disorderly conduct as a crime. And If the charge involves an incident with a romantic partner or someone you live with, the prosecutor will likely add a domestic abuse penalty enhancer to the disorderly conduct charge, increasing the seriousness of the consequences.
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A disorderly conduct conviction can have long term effects on a person's livelihood and future earning potential. Unfortunately, most people do not believe disorderly conduct charges are that serious so they attempt to represent themselves. When this happens, they typically find prosecutors are inflexible in their resolve to obtain a conviction. They are surprised to find the courts are unsympathetic and often find themselves facing jail time, and fines, and other collateral penalties.
If you have been arrested for a criminal misdemeanor disorderly conduct, or a criminal disorderly conduct-domestic abuse charge, you have some tough consequences to face.
You are not alone in this. We are here to help you, all the way from start to finish. We are ready to go to work defending your rights so that you can get back to your life. Contact us today for a free initial consultation.
Domestic Abuse Incidents: Arrest and Prosecution
Domestic Abuse Defined
Under Wisconsin Statutes Chapter 968.075, domestic abuse means that an adult person did any of the following:
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intentional infliction of physical pain, physical injury, or illness |
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intentional impairment of physical condition |
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sexual assault |
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a physical act that may cause the other person reasonably to fear imminent engagement in the conduct described above |
Under the domestic abuse statute, the victim of a domestic abuse incident includes:
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a spouse or former souse |
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an adult with whom the person resides or formerly resided |
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an adult with whom the person has a child in common |
Circumstances Requiring Arrest
Police are required to arrest and take a person into custody if:
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The officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person's actions constitute the commission of a crimes, AND |
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Any of the following apply: |
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the officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely |
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there is evidence of physical injury to the alleged victim |
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the person is the predominant aggressor |
Predominant Agressor Defined
A predominant agressor is defined as the most significant, but not necessarily the first, person to be aggressive in a domestic abuse incident. Police are not required to identify a predominant aggressor; however, if they do, the law provides that it is inappropriate for police to arrest both parties—even in situtations where the alleged victim was the first aggressor.
When identifying one of the parties as the predominant aggressor, the law requires that police officers consider all of the following factors:
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The history of domestic abuse between the parties, if it can be reasonably ascertained by the officer, and any information provided by witnesses regarding that history. |
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Statements made by witnesses. |
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The relative degree of injury inflicted on the parties. |
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The extent to which each person present appears to fear any party. |
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Whether any party is threatening or has threatened future harm against another party or another family or household member. |
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Whether either party acted in self-defense or in defense of any other person. |
