According to the 2015 Wisconsin Domestic Violence Homicide Report, domestic violence homicides are on the rise in Wisconsin. Last year, 58 people were killed as a result of domestic violence compared to 43 deaths in 2014. At the current rate, Wisconsin is on pace to have nearly 100 domestic homicides this year.
Wisconsin Domestic Abuse
Many times a pattern of domestic abuse emerges before violence turns deadly. Domestic violence is evident in the willful intimidation, physical assault, battery, sexual attack or other abusive behavior against one intimate partner by anoher and can include physical, sexual, and psychological violence as well as emotional abuse.
Arrested for Domestic Abuse in Wisconsin
Wisconsin is among 21 states with a mandatory arrest law which requires officers to make an arrest in a domestic violence case if they have reasonable grounds to believe that the offender committed abuse by inflicting pain or injury, sexual assault or committing a physical act that causes the victim to fear pain, injury or sexual assault.
Wisconsin Restraining Order
If you are arrested for domestic abuse, you will have to post bail or come before a judge before you can be released. Unless the victim signs a waiver, you will be required to stay away from the victim for 72 hours following arrest. The victim can go further by requesting a restraining order that requires the perpetrator to cease contact of any kind indefinitely.
Deferred Prosecution for Domestic Abuse
Sometimes, a prosecutor may delay prosecution of a defendant for a set period of time depending on the circumstances surrounding their domestic abuse arrest. If the defendant can comply with certain conditions, his or her case may be dismissed.
Repeat Offender of Domestic Abuse
If you commit an act of domestic violence with 72 hours of being arrested for domestic abuse, violate a restraining order or have been previously convicted of domestic violence, you may face stiffer penalties including incarceration and a fine.
Contact a Wisconsin Criminal Defense Lawyer
Law enforcement takes accusations of domestic abuse very seriously, whether it is a first time offense or an incident of violating a restraining order. If you are convicted of domestic abuse in Wisconsin the consequences can be dire. Contact the Law Offices of Andrew C. Ladd, LLC to discuss your case today 262-542-3900.
Source: Badger Herald, “Domestic violence deaths spike in Wisconsin”, by Dana Kampa, September 29, 2016.