Best Domestic Violence Lawyers in Wisconsin

About Domestic Violence Law in Wisconsin, United States

Domestic violence is a serious issue that affects individuals and families across Wisconsin. In legal terms, domestic violence typically refers to abusive behavior between people in a domestic setting, such as spouses, partners, family members, or individuals who share a child. Wisconsin law provides protections for victims and holds offenders accountable for acts of physical, emotional, and psychological abuse. These laws aim to prevent further harm, provide resources to survivors, and outline criminal and civil penalties for those found guilty of domestic violence offenses.

Why You May Need a Lawyer

If you or someone you know is experiencing domestic violence, seeking legal guidance can be crucial. There are many situations in which a lawyer's help might be necessary, including:

• Seeking a restraining order or protection order against an abuser
• Navigating the criminal justice system when charges of domestic violence are involved
• Defending against false accusations of domestic violence
• Filing for divorce or child custody in situations involving abuse
• Understanding your rights and obligations under Wisconsin domestic violence laws
• Ensuring your safety and the safety of your children through legal means
• Obtaining housing or employment protections if you are a survivor
• Pursuing compensation for injuries or damages resulting from domestic abuse

A lawyer can help clarify your options, represent your interests in court, and connect you to additional resources.

Local Laws Overview

Wisconsin takes domestic violence cases seriously and has a number of statutes relevant to such incidents. Under Wisconsin law, domestic abuse is defined as any of the following between current or former spouses, household members, or individuals who have a child in common:

• Intentional infliction of physical pain, injury, or illness
• Intentional impairment of physical condition
• Sexual assault
• A physical act that may cause someone to reasonably fear imminent physical pain, injury, or illness

Wisconsin follows a mandatory arrest policy in domestic abuse cases, which means law enforcement officers must arrest the alleged abuser if there is probable cause of abuse involving physical harm or the threat of harm. Police must also provide victims with information about seeking restraining orders and available resources.

Restraining orders, sometimes called orders of protection, can be obtained through civil court if you are a victim of domestic violence. The orders can require the abuser to stay away from you, your home, your workplace, and even your children. Violation of a restraining order is a criminal offense in Wisconsin.

Conviction of domestic violence offenses can impact future custody and visitation rights, firearm possession, and can result in jail time, fines, and other penalties.

Frequently Asked Questions

What qualifies as domestic violence in Wisconsin?

Domestic violence includes physical, sexual, emotional, or psychological abuse between family members, current or former romantic partners, or people who share a household. This can include hitting, threats, intimidation, stalking, or other forms of harm.

How do I file for a restraining order in Wisconsin?

You can file for a restraining order at your local county courthouse. Forms are available at the courthouse or online through the Wisconsin court system. After reviewing your request, a judge may issue a temporary restraining order and schedule a hearing for a more permanent order.

What happens if someone violates a restraining order?

Violating a restraining order is a criminal offense in Wisconsin. The offender can be arrested and charged, which may result in jail time, fines, and additional criminal penalties.

Are police required to make an arrest in domestic violence cases?

Yes, Wisconsin has a mandatory arrest law for domestic abuse cases if there is evidence that a crime has occurred and the suspect is present. Police must also provide information on victim rights and services.

Can a domestic violence conviction affect child custody?

Yes, courts in Wisconsin consider domestic violence when making custody and visitation decisions to ensure the safety and well-being of children.

Can alleged victims drop charges in domestic violence cases?

Once charges have been filed, the decision to drop charges is up to the prosecutor, not the victim. Prosecutors consider many factors before deciding whether to move forward with a case.

Can domestic violence charges be expunged from my record?

Some misdemeanor offenses may be eligible for expungement, but domestic violence convictions are typically difficult to remove from your record. Eligibility depends on the specific circumstances and outcomes of your case.

What should I do if I have been falsely accused of domestic violence?

Seek legal assistance immediately. False accusations are serious and can have lasting consequences. An attorney can help you gather evidence and defend your rights in court.

Do I need to testify against my partner in court?

Victims or witnesses in domestic violence cases may be called to testify. In some cases, the court may issue a subpoena requiring your testimony. Legal counsel can advise you about your rights and obligations.

Are there resources available for non-English speakers?

Yes, many domestic violence services in Wisconsin offer assistance in multiple languages. Ask your local shelter, legal aid provider, or courthouse for resources available in your language.

Additional Resources

If you need help related to domestic violence in Wisconsin, the following resources may be valuable:

• Wisconsin Department of Justice Office of Crime Victim Services
• Wisconsin Coalition Against Domestic Violence (End Domestic Abuse Wisconsin)
• Local county victim-witness offices
• National Domestic Violence Hotline (available 24/7 for support and referrals)
• Legal Action of Wisconsin or Wisconsin Judicare for free or reduced-cost legal services
• Your local police department or sheriff’s office
• Local domestic violence shelters and support organizations

Next Steps

If you or a loved one is facing a situation involving domestic violence in Wisconsin, consider taking the following steps:

• Seek immediate safety. If you are in danger, call 911 or your local law enforcement agency.
• Document incidents of abuse, including photos of injuries, saved messages, and detailed written accounts.
• Contact a domestic violence helpline or shelter for support, safety planning, and guidance.
• Consult with a lawyer experienced in domestic violence cases. They can help you understand your rights, navigate the legal system, and obtain necessary court orders.
• Keep records of all court orders, police reports, and related documents.
• Consider reaching out to local advocacy groups for additional assistance, such as counseling, housing, or financial help.

Every domestic violence situation is unique. Legal help can make a crucial difference in ensuring your protection and helping you start a new chapter free from abuse.