Love it or hate it—Valentine’s Day is here to stay! Like many holidays, the stress of the day alone can cause tension even in great relationships. However, Valentine’s Day is an entirely different beast compared to other holidays. This day is filled with high expectations and financial pressures. And often the “wining” part of “wining and dining” often do not mix. For many couples, the night does not turn out quite end as expected. For some couples, the night can go very wrong and end in a domestic violence situation.
NOTE: Yes, the allegation ALONE is enough to be charged with a domestic violence crime, even if the alleged victim changes their story!
Domestic violence is far from uncommon. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men in the United States has experienced some form of physical violence at the hands of an intimate partner. Additionally, 48.4 percent of women and 48.8 percent of men have faced psychologically aggressive behavior from an intimate partner.
While domestic violence is not linked to one particular holiday or another, holidays in general often have higher rates of violence between couples and family members. These cases are rarely, if ever, black and white. Here are some question & answers and other information you might not know about domestic violence and related offenses.
What exactly is domestic violence under Wisconsin law?
Wisconsin statutes define domestic violence as “the intentional infliction of pain, injury illness, as well as the threat of future pain, injury or illness by one adult family or household member against another adult family or household member.” This also includes former spouses, those individuals currently or have lived together, or those who have a child together.
What happens when the police arrive at the scene?
One of the first things that will happen is that the police will separate the individuals / witnesses from each other. They will start their investigations by asking questions to those who were present at the time the alleged incident. They will likely also look for additional evidence that support a particular version of events. This evidence could include actual signs of abuse (such as bruising or cuts) or other indications that an assault took place (such as damage to property). All information will be included in any police reports and could eventually find its way into the case at a later point in time.
Do the police have to arrest someone when responding to a domestic violence call?
Wisconsin is one of the more aggressive states when it comes to dealing with issues connected to domestic violence. The state passed several new laws in 2014 designed to increase the ability of law enforcement to make arrests in these cases.
In Wisconsin, if a police officer believes that an act of domestic abuse has occurred, they are required by law to make an arrest. The officer will make an arrest if they believe there is evidence of physical injury to the victim or that continued abuse is likely. The officer will arrest the individual who they consider the predominant aggressor.
What happens after a person is arrested?
If you are arrested, you will have to make bail or be released on a signature bond after appearing in court in front of a judge. In addition, you will likely be restrained from making contact with the alleged victim for a minimum of 72 hours. In the majority of cases a condition of your bond will include a no contact order. If you violate that no contact order you will likely face additional charges.
What happens if someone lied about the domestic violence incident?
It is an unfortunate reality that some domestic violence charges are fabricated by one party simply out of spite. People who do this disrespect domestic violence victims and vastly underestimate the negative future effects that mere allegations of DV can have on someone’s life. Even still more often than you think it does happen.
Anger is an irrational emotion that drives irrational actions. Police often err the side of believing the alleged victim. As mentioned before, Wisconsin laws require mandatory arrest if the police have probable cause to suspect a crime of DV has been committed. This means that the victim has no say in whether to “press charges.” The realistic impact of this presumption in favor of alleged victims is that unfounded accusations voiced in anger can result in charges against the partner on the wrong end of the argument. This is why in domestic violence cases it is extremely important to hire an experienced criminal defense attorney that can fight for you.
Unique challenges in domestic violence defense cases
A unique aspect of many domestic violence cases is that the person alleging domestic violence and the person charged with domestic violence often continue to have a relationship after the conclusion of the case. It is no secret that many domestic violence victims stay with their abusers, but it does make these cases particularly sensitive. A good criminal attorney must contend with this reality as these cases require a nuanced approach and candid client conversations.
If you or someone you love has been charged with a crime of domestic violence, do not wait to contact a criminal defense attorney. Your rights and reputation are on the line—now is NOT the time to be without an advocate. At Jones Law Firm we have with decades of experience. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
