How domestic violence is prosecuted in Wisconsin
On behalf of J. Kippa Law, LLC | June 22, 2017
While there is no specific law against domestic violence in Wisconsin, a collection of other laws relating to assault or battery may be used to prosecute it. Domestic violence differs from other forms of assault or battery because of the relationship between the victim and the abuser. In domestic abuse cases, the victim and abuser are related or may have a romantic relationship.
Under state law, domestic abuse is defined as an adult who intentionally causes pain or illness on a current or former spouse. Abuse or illness may also be inflicted on a co-parent or anyone else living in the same house. If a person is taken into custody for domestic abuse, that person may not contact the victim for 72 hours. Violating that order may result in a fine of up to $10,000 and up to nine months in prison.
If a victim is at or over the age of 62 or has a physical disability, it will be presumed that the aggressor caused great bodily harm. This would make a battery charge a Class H felony. A conviction on such a charge could come with a prion term of up to six years and a fine of up to $10,000. Those who harm a pregnant woman could be charged with battery to an unborn child.
Anyone who is charged with domestic abuse may face a variety of penalties including prison time and a fine. It may also be possible for someone charged with domestic abuse to face personal or professional penalties as well. Therefore, it may be worthwhile to talk to an attorney about ways to cast doubt on the charge. This may be done by questioning witness testimony or questioning physical evidence that may have led to a person being charged with this crime.