Facing domestic violence charges in Wisconsin can change your life. Domestic violence charges and allegations in Wisconsin come with mandatory laws about arrests, no contact orders, and penalties that can stay with you forever.
If you have been charged with domestic violence, you need an experienced lawyer to ensure that your rights and freedoms remain protected throughout and after the case. Schiro Criminal Defense can provide a skilled legal team with a proven track record in reducing our clients’ charges or dismissing cases. Attorney Schiro wants to help you set the record straight.
Understanding Mandatory Arrest Laws
Allegations of domestic abuse are taken extremely seriously in Wisconsin, and the laws surrounding it can be aggressive and controversial. In Wisconsin, the state statutes define domestic violence as the intentional infliction of pain, injury, or illness as well as the threat of any future pain, injury, or illness by one household member against another.
Then, under Wisconsin mandatory arrest laws, if the police are called to the scene, they are required to make an arrest if they feel that domestic violence has occurred. Based on reasonable grounds, they need to decide who the predominant aggressor is and make an arrest based on a few key factors.
Key factors in identifying a predominant aggressor:
- The history of domestic abuse between those at the scene
- Statements made by witnesses
- Any injuries sustained by those at the scene
- If any members of the household fear the person in question
Police officers can still make a mandatory arrest even if no predominant aggressor is identified. When they arrive at the scene, they can make an arrest if:
- They have reason to believe the individual has committed domestic abuse
- They believe the abuse will continue
- They see evidence of physical injury on the victim
The primary goal in mandatory arrest laws is to protect victims from further harm and de-escalate the violence in the home. After being arrested on domestic violence charges, it varies by state what comes next in the process. Not all domestic violence cases are the same, and while mandatory arrest policies do indeed help in some cases, they have also been known to harm victims and impact those who have been falsely accused of domestic violence for years to come.
The Impact of Mandatory Arrest Laws
Mandatory arrest laws were created to provide additional protection for victims of domestic abuse. Not only have they been known to deter potential abusers, but they allow victims to feel empowered that their voices will be heard when they call for law enforcement. This also provides documentation of abuse patterns, allowing law enforcement agencies to identify repeat offenders.
However, when facing a heated domestic violence call, officers who lack training can lead to unnecessary arrests. In cases where victims don’t want to press charges or the situation is not as severe as the officers perceive, those facing the charges can have lifelong consequences. Also, it can leave families in jeopardy if the person arrested was the primary source of income for the family now. They could be facing financial hardships.
While these arrest laws are clearly beneficial to some and do protect the lives of victims across the state, there should be a state wide exploration into implementing additional or alternative interventions that can be more beneficial in specific domestic violence calls.
When to Seek Legal Counsel
After an arrest is made at a domestic violence call, the offender will be required to stay in jail until they appear before a judge or post bail. After this time, there are no contact laws in the state of Wisconsin. The alleged offender can have no contact with the victim and must stay away from the victim’s home or other places they might be for 72 hours. When you are arrested, it is imperative that you remain calm and do not speak to the police or answer their questions beyond the basic information that they require.
The consequences of a domestic violence charge and conviction can be life changing. You could be facing:
- Lengthy jail sentences
- Large fines
- Child visitation consequences or losing parental rights
- Loss of the ability to carry a firearm
- Difficulty in finding employment
- Losing the ability to rent an apartment
If you are facing a domestic violence charge, don’t wait and contact Schiro Criminal Defense. An experienced criminal defense attorney will be able to understand the broader consequences and can fight to protect your rights.
The Role of a Criminal Defense Attorney
Another significant impact of mandatory arrest laws is when those who are falsely accused of domestic violence are now facing these charges unjustly. Unfortunately, many people are falsely accused of domestic violence, and it leads to charges and consequences that limit the freedoms of innocent individuals for the rest of their lives. The legal team at Schiro Criminal Defense is dedicated to fighting on your behalf to restore your freedoms and help you through this heartbreaking process. Contact us today to discuss the right way forward together.
