If you've been charged with domestic violence in Milwaukee, turn to Schiro Criminal Defense for proven advocacy. As a dedicated Milwaukee domestic violence defense lawyer, Attorney Schiro brings over 40 years of experience in reducing charges, dismissing cases, and safeguarding your rights. Our track record speaks for itself—we fight ethically and relentlessly for the best possible outcome.
Don't let a single accusation derail your life. Call (414) 626-9911 or contact us online today to schedule a confidential consultation with your Milwaukee domestic violence defense lawyer. Time is critical—act now to protect your freedom.
What Is Considered Domestic Violence in Wisconsin?
In Wisconsin, domestic violence isn't a standalone crime—it's defined through the domestic abuse modifier under Wis. Stat. 968.075. This modifier applies when an adult intentionally causes physical pain, injury, illness, or emotional harm to a domestic partner, including a spouse, ex-spouse, dating partner, cohabitant, or parent of your child, regardless of marital status.
These situations are prosecuted under laws covering:
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Kidnapping
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Battery
The domestic abuse modifier elevates the stakes, turning routine charges into serious threats to your future.
Wisconsin's Mandatory Arrest Law
Under Wisconsin family law statutes (Wis. Stat. 968.075), police must arrest for domestic violence if:
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They believe an act of domestic abuse occurred
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They reasonably fear the abuse will continue
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They observe physical injury on the victim
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They identify you as the primary aggressor
This zero-tolerance policy means arrests occur quickly—often without a complete understanding of the context. That's why immediate legal help from a Milwaukee domestic violence defense lawyer is essential.
What Should I Do If I'm Arrested for a Domestic Violence Charge?
Stay calm and prioritize your rights. Refrain from speaking to police without counsel—your words can be twisted against you. Reach out to a criminal defense lawyer right away for guidance on charges, evidence review, and defense strategy.
With four decades of experience defending against domestic violence in Milwaukee, Schiro Criminal Defense knows how to navigate this. Contact us today—we're here to shield you from unfair escalation.
Penalties for Domestic Violence Convictions in Wisconsin
A domestic violence conviction can upend your life, with penalties hinging on the underlying charge, injury severity, and modifiers like domestic abuse. Even misdemeanors carry lasting fallout.
Common consequences include:
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Jail or prison time (90 days to 15+ years)
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Fines up to $25,000
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Loss of child visitation or custody rights
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Permanent firearm bans
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Employment and housing barriers
|
Charge Level |
Example with Domestic Abuse Modifier |
Max Penalty |
|---|---|---|
|
Misdemeanor |
Disorderly Conduct |
90 days jail + $1,000 fine |
|
Class A Misdemeanor |
Battery |
9 months jail + $10,000 fine |
|
Class I Felony |
Substantial Battery |
3.5 years prison + $10,000 fine |
|
Class H Felony (Repeater) |
Repeat Battery |
6 years prison + $10,000 fine + enhancer |
At Schiro Criminal Defense, we dissect every detail to minimize these impacts. As your Milwaukee domestic violence defense lawyer, we'll fight the enhancers and build a robust defense.
Understanding the Domestic Abuse Modifier in Wisconsin
The domestic abuse modifier in Wisconsin (Wis. Stat. 968.075) isn't a charge—it's an add-on that ramps up penalties for crimes against intimate partners. It covers intentional infliction of bodily harm, threats, or emotional distress in domestic relationships.
Why it matters: This modifier triggers mandatory surcharges (over $ 100), counseling assessments, and stricter sentencing. Even a minor scuffle can balloon into career-ending consequences. Our team excels at challenging these modifiers to return charges to their basics.
Disorderly Conduct with Domestic Abuse Modifier in Wisconsin
Disorderly conduct with domestic abuse modifier in Wisconsin (Wis. Stat. 947.01) occurs when "violent, abusive, or boisterous" behavior targets a domestic partner. What starts as a heated argument can lead to arrest, increased fines, and federal firearm restrictions—even for first-time offenders.
Key risks: Up to 90 days in jail, plus the modifier's lifelong ripple effects, like job loss. Attorney Schiro has successfully argued down dozens of these, proving lack of intent or mutual involvement. Protect yourself—call us before it escalates.
Is Domestic Abuse a Felony in Wisconsin?
No, domestic abuse is not inherently a felony in Wisconsin—it's a modifier that elevates the base crime's classification. For instance:
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Simple battery + modifier = Class A misdemeanor (9 months max)
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Substantial battery + modifier = Class I felony (3.5 years max)
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Strangulation + modifier = Class H felony (6 years max)
The felony threshold depends on the injury level and prior convictions. Early intervention by a Milwaukee domestic violence defense lawyer can prevent felony escalation.
The Domestic Abuse Enhancer in Wisconsin
The domestic abuse enhancer in Wisconsin (Wis. Stat. 939.621) targets repeaters, adding up to 2 years to your sentence if convicted of domestic-related offenses within 5 years. It also mandates $100 surcharges and batterer intervention programs.
For "domestic abuse repeaters," penalties compound quickly. We've beaten enhancers by exposing inconsistencies in prior records—don't face this alone.
What Is the No-Contact Rule?
Post-arrest, Wisconsin enforces a 72-hour no-contact period: No calls, texts, or visits to the alleged victim or their haunts. Violating this law risks a $10,000 fine and up to 9 months in jail.
It's a blunt tool that ignores context. We guide clients through compliance while building their case.
Domestic Violence Restraining Orders
Victims can seek restraining orders for physical threats or harm. But false claims happen—leading to unwarranted restrictions on your life, especially with kids.
Our Milwaukee domestic violence defense lawyers contest these aggressively, gathering evidence to quash them and restore your freedoms.
Featured Case Results
Attorney Schiro's decades of wins prove our edge in domestic violence defense. Here are highlights:
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Felony Battery Reduced: Domestic abuse enhancer dropped; client pled to misdemeanor disorderly conduct—avoided jail, kept firearms.
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Charges Dismissed: Challenged faulty witness statement in restraining order case; complete dismissal after investigation.
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Repeater Enhancer Overturned: Prior conviction vacated on appeal; sentence cut by 18 months.
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Mutual Combat Defense: Disorderly conduct with domestic modifier reduced to citation; no record impact.
Frequently Asked Questions About Domestic Violence in Wisconsin
What is the domestic abuse modifier in Wisconsin?
In Wisconsin, the domestic abuse modifier is not a standalone crime but an enhancement added to other charges like battery or disorderly conduct when the act involves a domestic relationship, such as against a spouse, ex-spouse, dating partner, or cohabitant. It increases penalties, including fines and potential jail time.
What is disorderly conduct with a domestic abuse modifier in Wisconsin?
Disorderly conduct (Wis. Stat. § 947.01) involves violent, abusive, or boisterous behavior in public or private places. When it includes the domestic abuse modifier, it applies to acts against intimate partners, leading to enhanced penalties like mandatory assessments and loss of firearm rights, even for misdemeanors.
Is domestic abuse a felony in Wisconsin?
Domestic abuse itself is not a specific felony charge in Wisconsin—it's a modifier applied to underlying crimes. For example, a simple battery with a domestic abuse modifier is a misdemeanor, but a substantial battery becomes a Class I felony with up to 3.5 years in prison.
What is the domestic abuse enhancer in Wisconsin?
The domestic abuse enhancer (Wis. Stat. 939.621) increases penalties for repeat offenders, adding up to 2 years to the maximum sentence, plus surcharges and assessments. It applies if you've been convicted of domestic abuse-related offenses within the past 5 years.
What are the penalties for domestic violence in Wisconsin?
Penalties vary by the underlying charge and modifiers but can include jail time (up to 15 years for felonies), fines up to $25,000, firearm bans, and restraining orders. Repeaters face enhanced sentences.
How can a Milwaukee domestic violence defense lawyer help?
A skilled Milwaukee domestic violence defense lawyer, such as Attorney Schiro, can challenge evidence, negotiate reductions, and fight enhancements to minimize penalties and protect your future.
Defend Against Your Charges with the Help of a Milwaukee Domestic Violence Defense Lawyer
At Schiro Criminal Defense, we're passionate about defending the innocent against heartbreaking accusations from loved ones. Your Milwaukee domestic violence defense lawyer, Attorney Schiro, is ready to clear your name and reclaim your life.
In this tough moment, lean on our expertise. Call (414) 626-9911 today—let's chart the path forward together.
