In the state of Wisconsin, domestic violence is a serious crime – and it’s one that carries serious penalties. Aside from the penalties, it also creates a huge disruption in the accused’s life.
In many cases, domestic violence accusations result in arrest; further, the accuser sometimes files for a restraining order that prevents the accused from even entering his or her own home, seeing the children, or participating in a number of other activities that the court feels will put the accuser at risk.
If you’ve been accused of this type of abuse, it’s probably a good idea to talk to a Milwaukee domestic violence defense attorney as soon as possible. This is important, even if you’re innocent, and even if no formal charges have been filed.
What Defines Domestic Violence?
A crime is an act of domestic violence or domestic abuse based on the relationship between the people involved. The law considers these crimes to be domestic violence when the victim is:
- A spouse
- A former spouse
- A cohabitant or former cohabitant
- An adult who shares a child with the accused
The term domestic violence envelops a number of offenses, including:
- Endangering safety by use of a dangerous weapon
- Intentional infliction of physical pain
- Physical injury or illness
- Reckless endangering safety
- Violation of a restraining order
These aren’t the only crimes that can be considered domestic violence offenses. As always, it’s best to talk to your attorney about your specific charges so he or she can begin building a strategic defense for your case.
Defending Against Domestic Violence Charges
In many cases, it’s possible to defend against domestic violence charges in Milwaukee and Waukesha. Naturally, your attorney will have many questions for you; he or she has to ask in order to develop the best possible defense.
Some things your attorney may consider include:
- Deliberately false allegations. Unfortunately, some people make false allegations of abuse out of spite.
- Self-defense. In many cases, what police mistake as domestic violence is actually a case of self-defense where the accused is actually the victim.
- Lack of proof. Sometimes, domestic violence cases devolve into “he said, she said” situations. The prosecution’s job is to prove that you are guilty, and to do so, they must introduce evidence that supports their position.
Because no two cases are the same, it’s best if you discuss the specifics of yours with your domestic violence defense attorney. Your lawyer will be able to develop a strategy based on the circumstances surrounding your case.