Domestic Violence Defense Attorney in Milwaukee
False accusations of domestic abuse will ruin your record fast.
Domestic abuse is one of the most prevalent crimes in the country, though an estimated 50% of Wisconsin domestic violence cases go unreported. Unlike other offenses, domestic violence includes a number of possible offenses.
Varying types of domestic violence accusations can include:
The ambiguity of the laws surrounding domestic violence can make it difficult to prove your innocence. That’s why it’s so important to hire a defense attorney immediately when you’ve been accused of abuse. Defense Attorney Sydne French provides free legal consultations for any Milwaukee area case!
Under Wisconsin Statutes Chapter 968.075, domestic abuse means that an adult person did any of the following:
- Intentional infliction of physical pain, physical injury, or illness
- Intentional impairment of physical condition
- Sexual assault
- A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described above
To qualify as domestic abuse under the statute, the alleged victim must be one of the following:
- A spouse or former spouse
- An adult with whom the person resides or formerly resided
- An adult with whom the person has a child in common
Circumstances requiring arrest for domestic abuse
Police are required to arrest and take a person into custody if 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 crime. Any of the following must also apply:
- The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely
- There is evidence of physical injury to the alleged victim
- The person is the predominant aggressor
What is a Predominant Aggressor?
A predominant aggressor 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 situations 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:
- 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.
- Statements made by witnesses.
- The relative degree of injury inflicted on the parties.
- The extent to which each person present appears to fear any party.
- Whether any party is threatening or has threatened future harm against another party or another family or household member.
- Whether either party acted in self-defense or in defense of any other person.