Domestic violence defense attorney

Looking for a domestic violence defense attorney?  Contact Van Severen Law Office, S.C. at (414) 270-0202.

Wisconsin police and prosecutors aggressively pursue domestic violence offenses.  We’re a mandatory arrest state, meaning that law enforcement personnel are encouraged to arrest the individual they identify as the aggressor.  If the aggressor is not arrested, section 968.075(4) of the Wisconsin Statutes requires police to prepare a written report explaining why they didn’t do so.  Police are then required to bring the report to prosecutors, who then decide whether the aggressor should still be charged.

At Van Severen Law Office, we recognize that frequently emotions run high in these situations, and that “victims” regularly exaggerate claims.  Prosecutors frequently refuse to acknowledge this fact, and instead stick to the original statements and evidence police encountered on the scene.  This applies even when the “victim” recants, or takes back, his or her story.  Sometimes this results in the “victim” not wanting to testify at trial.  In certain parts of the state, prosecutors will respond by requesting that the victim be taken into custody and forced to testify.

Domestic violence situations might not seem that serious.  After all, domestic violence is just a title, right?  No.  Obviously there’s a potential criminal conviction involved.  The fact that the charge involved domestic violence will certainly make obtaining employment, pursuing higher education, or even living in certain apartments more difficult.  But DV charges also include lifetime penalties.  You’ll never be able to possess a firearm for the rest of your life if you’re convicted of one of these offenses.  Even if you’re not a firearms enthusiast, the government restricting one of your foundational rights is a major consequence.

What is domestic abuse?  Section 968.075 of the Wisconsin Statutes

Section 968.075 of the Wisconsin Statutes defines domestic abuse.  “Domestic abuse” isn’t a crime charged itself – it’s a modifier added to other crimes (like substantial battery or stalking).  It includes intentional infliction of physical pain, physical injury or illness, intentional impairment of physical condition, sexual assault, or a physical act that may cause the other person reasonably to fear imminent engagement of the conduct described above.  Once this prerequisite is satisfied, prosecutors are halfway to the ability to add the modifier.

Importantly, domestic violence charges only apply when certain relationships are involved.  The first type of relationship is between the defendant and his spouse or former spouse.  For example, this would include a situation where the defendant allegedly battered his wife.  Boyfriend/girlfriend relationships do not count on their own.  Boyfriend/girlfriend relationships do count when the individuals involved have a child together, which is the second scenario that can invoke DV charges.  And finally, DV modifiers result when a criminal case involves the defendant and an adult he resides with, or formerly resided with.  The final scenario gives rise to the possibility of domestic violence charges between siblings who live in the same home.

Domestic violence repeat offenders face more serious penalties:

Individuals convicted of numerous domestic violence crimes may qualify for a domestic violence repeater modifier, consistent with section 939.621 of the Wisconsin Statutes.  Importantly, when the repeater applies, incarceration penalties for domestic violence offenses increase by 2 years.  The repeater also turns misdemeanor DV charges into felonies.

How does this work in practice?  Let’s consider a disorderly conduct charge that occurs in a domestic violence situation.  The defendant qualifies as a repeater.  Normally, disorderly conduct is punishable by 90 days in jail.  When the defendant qualifies as a repeater, this penalty increases to 2 years and 90 days imprisonment.  It also turns disorderly conduct into a felony charge.  What was previously a low level misdemeanor quickly becomes one that could result in prison.

The defendant is considered a repeater if either of the following circumstances applies:

• The defendant is arrested for an act of domestic violence, and then commits another act of domestic violence within 72 hours.  Importantly, the same victim need not be involved in both cases for the defendant to qualify as a repeater.
• The defendant has been convicted of two separate domestic violence offenses within the last ten years.

In other words, if the defendant is arrested for battery (DV) and then commits another battery (DV) within 72 hours, he’s a repeater.  The first battery case involves a potential maximum of 9 months in jail (since it’s a Class A misdemeanor).  For the second offense, since the defendant is now a repeater, the defendant faces a maximum term of 2 years and 9 months prison.

Our criminal defense lawyers provide winning domestic violence defense

Van Severen Law Office, S.C. has defended hundreds of individuals facing domestic violence charges.  These cases have all proceeded in different manners.  We’ve achieved successful plea deals.  We’ve won at trial.  And we’ve achieved complete dismissals of DV charges our clients were facing.  No matter your goal in your criminal case, our criminal defense lawyers have the necessary skills and expertise to argue for it.

Give us a call and let’s talk about your case.  We offer free initial consultations to potential clients, during which we will answer your questions, discuss possible results in your case, and begin planning potential defenses.  You can reach us 24/7 at (414) 270-0202.

We defend clients facing all types of domestic violence cases.