Milwaukee, Wisconsin Domestic Violence Defense Attorneys
Do you need a Milwaukee domestic violence defense lawyer to defend you against a DV accusation in Wisconsin? Perhaps no criminal case impacts a client’s everyday life harder than a domestic violence (DV) arrest or charge. In fact, in Milwaukee, Wisconsin, allegations of domestic violence and abuse frequently result in an arrest and a restraining order. Specifically, a restraining order prevents one party from returning home, often before a thorough investigation has been conducted.
Tension and hostility often infuse a Wisconsin domestic violence case. Similarly, our Milwaukee, Wisconsin criminal lawyers understand the difficulty when two parties with emotional attachments are at odds. Therefore, the lawyers at our criminal defense law firm in Milwaukee, Wisconsin, fiercely defend domestic violence charges.
Presenting a Strong Defense Against Spousal Abuse or DV Charges in Wisconsin
An excellent criminal attorney understands there is rarely any clear answer to what happened in a domestic violence incident. To that end, our Milwaukee domestic violence defense attorneys vigorously defend stereotypical he-said / she-said domestic abuse cases in Wisconsin. For example, we work these cases to our client’s advantage. Specifically, we make the state prove guilt beyond a reasonable doubt, which can be difficult in he-said/she-said scenarios.
Worried about the stigma that comes with a record of domestic violence? Our Wisconsin criminal lawyers immediately work to alleviate any stigma from your arrest or domestic violence charges.
Milwaukee Criminal Defense Attorneys Defending Your Reputation and Your Case
Our experienced Milwaukee criminal defense law firm will investigate the alleged victim’s motives to protect you. For example, do you know why an alleged victim of domestic violence would claim abuse?
We know unscrupulous parties sometimes make accusations of domestic violence and abuse in Wisconsin to gain an advantage in another legal matter. Did your ex accuse you of domestic violence to get the upper hand in a custody and placement dispute? Specifically, we commonly see DV allegations involving people in family court litigation. Similarly, someone jealous of a new relationship or angry their relationship ended sometimes makes false domestic violence accusations. Therefore, our Wisconsin criminal lawyers thoroughly investigate find the best defenses to persuade the DA, judge, or jury of our client’s version of events.
In conclusion, we protect our clients from abuse of legal systems by alleged victims with improper motivations who claim abuse. Likewise, we present a strong defense on our client’s behalf. Finally, if the domestic violence charge is legitimate, your Milwaukee criminal lawyer will advocate to reduce applicable penalties. Sometimes prosecutors seek a penalty enhancer in Wisconsin domestic violence charges. Our DV defense lawyers will work to avoid any penalty enhancers in your case.
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Wisconsin Domestic Abuse Laws
Wisconsin Statutes § 968.075 defines what makes a crime an act of domestic violence. A crime may constitute an act of domestic abuse depending on the relationship between the parties involved. Any of the following behavior, or a physical act that causes someone to fear that any of the following behaviors may be imminent, may constitute a domestic violence offense:
- Homicide, Battery and Disorderly Conduct Offenses – intentional infliction of physical pain, physical injury or illness, including allegations of homicide, strangulation, false imprisonment, kidnapping, child abuse, spousal abuse, domestic battery, corporal punishment, endangering safety by use of a dangerous weapon, reckless endangering safety, disorderly conduct, criminal damage to property, criminal trespass to dwelling, intimidation of a victim or witness, unlawful use of a telephone or computer, and violation of a restraining order.
- Sexual Assault Offenses – first, second, or third-degree sexual assault.
The law considers the relationship between the parties involved
If an adult engages in any of the above criminal behaviors and has any of the specified relationships with the other party involved, the crimes will be considered acts of domestic abuse. The offense will be considered a crime of domestic violence if the alleged victim is:
- the person’s spouse or former spouse
- an adult with whom the person resides or formerly resided
- an adult with whom the person has a child in common
Possible penalties if convicted of an act of domestic violence
If convicted of an offense involving domestic violence in Wisconsin, the sentence for the underlying offense may be subject to a domestic abuse surcharge and/or enhanced penalties:
- The court shall impose a surcharge of $100 for each offense of domestic abuse
- The maximum term of imprisonment for anyone convicted of a misdemeanor act of domestic violence as a domestic abuse repeater may be increased by not more than 2 years. This penalty enhancer changes a misdemeanor to a felony.
- Under Federal law, 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor offense of domestic violence is permanently prohibited from receiving or possessing a firearm if the offense involved:
- force or a deadly weapon
- the attempted use of force
- threatened use of a deadly weapon.
Please note, if you engaged in an act of domestic violence and want assistance, Milwaukee offers a variety of services for families, including:
- Batterers Anonymous. Beyond Abuse is a support group run by the Sojourner Family Peace Center. They assist people who need help avoiding violent and controlling behavior. For information, call 414-643-4799.
- The Nevermore Batterer’s Treatment. This program assists the abuser to stop violent behavior. For information, call 414-828-5190.
- A list of anger management resources in Milwaukee can be found at this online directory.
Finally, For more information about domestic violence defense from Milwaukee criminal lawyers in Wisconsin, please contact us today! Also, visit our informative Milwaukee criminal law resources page.