Milwaukee Domestic Violence Defense Lawyer
The Milwaukee criminal defense lawyers of Kohler Hart Powell, SC represent clients facing domestic violence offense charges. Wisconsin’s legal system is very strict when it comes to domestic violence accusations and many districts have a mandatory arrest policy for police who respond to a domestic violence accusation.
In Wisconsin, domestic battery differs from other acts of assault and battery when the victim is the spouse, fiancee, girlfriend, boyfriend, or is a person who shares a child with the alleged abuser. Many people wrongly assume that two people have to be married to be accused of domestic battery, but it actually extends to anyone who currently or formerly resides with the other individual.
Examples of domestic violence include:
- Intentionally inflicting injury or illness
- Impairing the other individual’s physical condition
- Behaving in a manner that would cause the other person to fear for their physical safety
- Sexual assault
Additional charges may be filed if there is an existing restraining order in place, or if a weapon was used during the assault.
A non-arrest at the time the police are called out to investigate does not mean that charges will not be filed against you. Any officer who does not make an arrest after being sent out for a domestic violence call is required to submit a report to the District Attorney detailing the claim and call, and charges may still be filed against you by the state.
Call Kohler Hart Powell, SC at (414) 271-9595 to find out how we can help you fight these allegations. Every case is different, so it is important to have an experienced Milwaukee domestic violence defense attorney review the details of your case and build a strong defense on your behalf.
What are the Immediate Ramifications of a Domestic Violence Charge?
An accusation of domestic violence can have a severe impact on your life and your livelihood. The stigma that comes with these allegations can harm your career and your standing in the community. That’s why it is so important to immediately take action to defend yourself against these harmful accusations. There are several immediate consequences that come with a domestic violence charge, including:
No Contact Orders
An individual who is arrested on suspicion of domestic violence in Wisconsin will not be allowed to go near the victim or the victim’s home for 72 hours after the arrest. This means that if the two share a home, the accused individual will not be able to return home until that time period has ended. The only exception to this is if the victim signs a written waiver. It is critical that you not contact the victim in any way during this time period, because the penalties for violating a no-contact order are severe. Violation of a no contact order might include a fine of up to $10,000 and 9 months in jail. Be sure to contact an attorney as soon as you are able to after your arrest to discuss your rights and legal options.
Temporary Restraining Orders
Victims of domestic abuse in Wisconsin have the immediate right to file a temporary restraining order against their abuser. A temporary restraining order is often granted shortly after a charge is filed and without notice to the charged individual, which are known as “ex parte” proceedings. A hearing is then scheduled within 14 days for the judge to determine whether the temporary restraining order should be extended into a full restraining order.
Violation of a temporary restraining order may include up to 9 months incarceration and fines of up to $1,000, so it is crucial that you not try to contact the victim while a temporary restraining order is in place. Instead, make sure to hire qualified legal counsel to help you understand your options moving forward.
Restraining orders can last anywhere from four years to ten years. The length of time the order will be in effect will depend on the crime that resulted in the domestic violence charge, if there is a history of other domestic violence charges, and if there is a likelihood of further violence. A full restraining order can severely limit your ability to freely go about your life and visit your children and family, so it is critical to hire an attorney as soon as possible. Your legal counsel will assess the situation and will help protect you against possible restraining orders.
Possible Family Law Ramifications of Domestic Violence Charges
If convicted of domestic violence, any civil orders already in effect involving children you have—with the victim or even with another co-parent—may be affected. A criminal conviction for domestic violence may lead the co-parent or Child Protective Services (CPS) to file suit against you and request a reduction in your custody, visitation, access, and even your parental rights.
The last thing you want for your family is for CPS to start an investigation and a civil lawsuit because of a charge or conviction of domestic violence. Let Kohler Hart Powell, SC set you on the right path by addressing the criminal charges head-on to protect your freedom and preserve your right to see your family.
If you have been accused of domestic violence, the attorneys of Kohler Hart Powell, SC are ready to help you fight the charges and clear your name. We understand that these accusations can be frightening, especially if they threaten your job or your ability to see your children. Our team has extensive experience helping people just like you get the charges against them reduced or dropped. We are ready to help you protect your future and your livelihood.
The Milwaukee criminal defense lawyers of Kohler Hart Powell, SC have a thorough understanding of the techniques used by prosecutors and will build a strong, strategic defense to oppose their claims against you. Our attorneys will gather every piece of evidence and information needed to successfully protect your rights. Time is of the essence when dealing with a criminal charge like domestic violence, so don’t wait to contact us. Schedule a confidential consultation with a member of our team by calling (414) 271-9595, chatting with us live on our site, or by filling out a contact form today.