Domestic violence cases are charged more frequently than almost every other offense in the criminal justice system. Under Wisconsin law, there is a mandatory arrest requirement whenever the police respond to a domestic violence call. Even if the person who called 911 recants their allegation, exhibits no signs of injury or begs the police not to arrest, the arrest will be made. A temporary no contact order will be put into place which may prevent the person from returning to their own home. If the state decides to file a criminal complaint , the no contact order will usually extend until the case is resolved. It may be further continued if the client is placed on probation. A client who is placed on probation for a crime of domestic violence will be ordered to pay the costs of supervision, as well as expenses for anger management and bantered's intervention courses.
The laws which have ben enacted to address acts of domestic violence were intended to protect victims.
The reality is that these same laws have victimized many innocent people. We aggressively fight to protect the right of our clients and will use every available approach to level the playing field. In many cases, the State will not consider dropping charges even if the alleged victim recants their allegation or does not appear in court. Regrettably, the prosecutors often take the position that "an alleged victim" would never fabricate a claim of abuse. Therefore, they assume that a recantation is most often the result of the defendant pressuring or intimidating the victim.
There are serious consequences to a domestic violence conviction besides the threat of incarceration. Courts routinely place defendants on extended periods of probation and order treatment classes. During the period of probation, defendants often cannot return to their own homes if the victim continues to live there. Any domestic violence conviction, will result in a lifetime ban which prohibits a client from possessing or owning a firearm .
Defending these cases requires a considerable amount of legal skill together with a keen understanding of the law. Our Milwaukee domestic violence attorneys' experience, coupled with an aggressive investigation of the alleged incident, often result in a dismissal of the charges or other favorable disposition.