To slow the spread of Covid-19, Wisconsin residents are now under a month long order to stay at home effective until April 24th. Non-essential categories of businesses are now closed following earlier orders closing bars and restaurants across the state.
Unfortunately, with more people staying home 24/7, domestic abuse reports are on the rise across the nation. Calls to domestic violence centers are increasing in volume and intensity of distress levels; courthouses are seeing a spike in orders for protection; and calls to police are up.
Just over the weekend, a Milwaukee man was arrested and is facing a number of charges including misdemeanor battery, criminal damage to property, criminal trespass and disorderly conduct related to a domestic abuse assessment. With the new stay at home orders just getting under way in the state, concern that there will be an uptick in similar domestic violence incidences looms large.
Domestic Violence Arrest
Someone who commits the crime of domestic abuse or violence against a spouse, former spouse a person whom the defendant resides or has lived with, or a person the defendant has children with including battery (injury), inflicting pain or fear, or sexual assault may be arrested for domestic abuse
No Contact and Restraining Orders
Following an arrest, the defendant will be ordered to stay away from the victim’s place of residence and not contact them for a period of 72 hours. A victim of domestic abuse may ask the court for a temporary restraining order aka protective orders to extend the period of no contact until a hearing is held. At the hearing a court may issue a final injunction, which can be in effect for several years. When seeking restraining orders, victims may also ask the court for temporary orders for child and spousal support as well as custody of children.
Not only will defendants be looking at charges for domestic violence resulting in criminal punishment, violations of no contact orders or restraining orders can result in incarceration and fines. Being found guilty of domestic abuse in Wisconsin can influence child custody determinations moving forward.
Sometimes in cases of domestic violence, the prosecution of a defendant may be deferred as long as a defendant complies with certain conditions for a defined period of time. If the defendant fulfills their obligation the charges may be dismissed. Other defendants may be falsely accused or subjected to trumped-up charges and wish to fight the charges they face to avoid a conviction and the establishment of a criminal record or to avoid any blemish that might adversely effect a child custody determination.
If you are charged with a Wisconsin domestic violence crime, it is important to work with an experienced domestic violence criminal defense lawyer to mitigate the charges you face. If you also have family law issues an experienced Wisconsin divorce attorney can help. The attorneys at the Waukesha Law Offices of Andrew C. Ladd have decades of experience representing clients in not only criminal defense matters but also divorce and child custody issues. Contact our Waukesha, Wisconsin offices today for immediate assistance at 262-542-3900.
