Category: Domestic Violence Cases

What is a restraining order, and how do you avoid violating one?

How does a restraining order work? To obtain a restraining order, the plaintiff must go into court and file a petition.  That petition states the grounds the plaintiff believes support the restraining order.  Upon filing the petition, frequently the plaintiff meets with a court commissioner.  That commissioner reviews the allegations in the petition and determines…

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What is considered domestic violence & how can you get help if someone is hurting you?

Symptoms and signs of domestic violence Even with emotional or verbal abuse that doesn’t leave a visible mark, there are warning signs and symptoms that can indicate someone is being abused.  Here are a few: Physical marks, bruises, scratches, slap marks can indicate physical abuse. If one partner requires the other’s permission before seeing friends,…

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What is a 72-hour no contact order in DV cases?

The 72-hour no contact order. The 72-hour no contact order only applies to domestic abuse cases.  And particularly, it only applies when officers arrest the defendant. The order requires the arrested person to avoid the residence of the victim and any premises temporarily occupied by the alleged victim.  The order also certainly requires the arrested…

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Domestic Abuse Repeater Statute Explained

There is a provision in the Wisconsin Statutes that can increase your maximum penalty for a domestic abuse related offense.  In this post, criminal defense attorney Benjamin Van Severen explains what a domestic abuse repeater is.  He’ll also explain how the DV-repeater works in concert with other repeater statutes. Domestic Abuse Repeater The DV-repeater statute…

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She dropped the restraining order. Why am I being charged?

And what happens if I don’t wait for the order is officially dropped? If you’re caught you could face charges.  Remember – the person that just told you she dropped the order?  She’s the same person who went through the hassle at the courthouse to obtain an order against you.  Or, she called the police. …

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Verbal Argument Can be Domestic Abuse

I got into a verbal argument with my wife. Why am I being charged with Domestic Abuse? Many clients ask why they are being charged with Domestic Abuse for getting into a verbal argument with their spouse. Basically, the reason is that under Wisconsin Law such conduct can constitute domestic abuse under certain circumstances. Wisconsin,…

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Will I be arrested for possessing drugs if I’m an addict, and I call 911 on my abuser?

What happens when a drug addict calls 911 on her abuser? Criminal defense attorney Ben Van Severen regularly answers questions for individuals seeking legal help on AVVO.com.  In a recent question, one individual wanted to know what would happen to her if she, a drug addict, called police after being abused by her partner. Will…

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I received a disorderly conduct citation. Will this appear on my record?

Disorderly conduct tickets: How do they show up on my record? Disorderly conduct is a catch-all offense.  It’s pretty simple to prove.  The exact wording of the law is straightforward: Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud other otherwise disorderly conduct under circumstances in which the…

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Intimidation of a Witness/Victim Charges

Witness intimidation growing issue in Milwaukee If you read the news in Milwaukee, you’ve seen the countless stories over the past few years regarding the growing problem of witness intimidation.  Those stories have focused mainly on defendants who have tried to kill witnesses in their cases.  And although killing a witness is a rare event,…

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