Domestic Violence
A domestic violence charge in Wisconsin can change your life instantly. Under the state’s mandatory arrest policy, a heated argument or false accusation can lead to an arrest if police find probable cause. These charges can have serious consequences.
That’s why you need a highly skilled domestic violence attorney like Nathan J. Dineen Attorney At Law. He has years of experience defending clients against domestic violence charges.
If you or a loved one has been accused of intimate partner violence, don’t wait. Call 1-877-384-6800 now for a free consultation, available 24/7.
What is Considered Domestic Violence in Wisconsin?
Common Domestic Violence Offenses
- Physical Abuse: It includes any action that causes bodily harm, from pushing to serious violent behavior, and can lead to charges. Severe injuries may result in felony charges.
- Sexual Abuse & Sexual Assault: Non-consensual sexual actions, acts of coercion, or unwanted advances fall under this category.
- Psychological & Emotional Abuse: Threats, intimidation, humiliation, and manipulation are all forms of psychological abuse. These tactics often result in deep emotional trauma, even without physical violence. While it's not always a standalone criminal charge, courts take coercion and manipulation seriously in domestic abuse cases.
- Verbal Abuse: Yelling, belittling, or making threats are considered aggressive behaviors that can lead to criminal charges. A pattern of behavior that includes constant criticism may also be used as evidence of an abusive relationship.
- Financial Control: A common form of relationship abuse is when an abusive partner restricts financial resources, leaving the victims of abuse financially dependent.
- Controlling behavior: Isolating a partner from family or friends, limiting movement, or interfering with medical care are key signs of an abusive relationship.
What Causes Domestic Violence Charges?
Common Triggers for Domestic Violence Accusations:
Financial struggles, job loss, or personal crises can increase tensions, leading to aggressive behaviors in heated moments.
Depression, PTSD, or bipolar disorder can worsen conflict situations, causing individuals to overreact and misperceive situations.
In custody disputes and divorce, an enraged partner may fabricate or exaggerate a claim to obtain a certain legal advantage.
Impaired judgment often results in acts of violence, leading to criminal charges.
Can You Be Charged with Domestic Violence Without Proof in Wisconsin?
Yes, you can be charged with domestic violence even if there’s no visible physical injury. Most instances of domestic violence, though, leave no visible marks, but the law in Wisconsin allows arrests based on legitimate, credible verbal claims. Thus, an accusation of domestic abuse made during a 911 call or domestic violence hotline can trigger an arrest despite the absence of obvious physical violence evidence.
Testimony from the alleged domestic violence victim and witnesses constitutes a form of evidence routinely introduced in such cases. While false accusations do occur, testimony remains a critical form of evidence in domestic violence cases. Courts assess credibility, consistency, and supporting evidence to determine the validity of allegations.
Attorney Nathan J. Dineen understands that legal theory plays a crucial role in these cases. He analyzes police reports, cross-examines witnesses, and challenges any inconsistencies in the prosecution’s approach.
If the cycle of violence is a relevant factor in your case, he can use this understanding to craft a strong defense.
Common Defenses in Domestic Violence Cases
We could argue you acted to protect yourself from harm, believing you were in immediate danger of physical assault. Evidence such as injuries, witness statements, or past threats from the alleged victim can support this claim.
If there's evidence to support it, we could show the accusations were probably false due to personal differences, child custody battles, or revenge. In some cases, the ex-spouse or partner uses a false claim to victimize the other in proceedings concerning divorce or child custody.
The burden of proof is on the prosecution, so they have to establish the case beyond a reasonable doubt. If you have no medical records, eyewitness accounts, or definite proof of forms of abuse, your advocate will argue to strike the charges.
We could show that the alleged victim’s injuries were not intentional but the result of an accident. For example, they may have fallen or been injured in an unrelated incident but assumed you were responsible.
Although law enforcement officers can act according to the mandatory arrest law, they should comply with proper procedures. If we can prove that they follow proper procedures, we can move for a case dismissal.
Consequences of a Domestic Violence Conviction
- Jail Time or Prison Sentences: Depending on the severity of the offense, you may face short jail terms for misdemeanors or lengthy prison sentences for felonies.
- Fines and Mandatory Counseling: Courts commonly impose fines and make an order for anger management or batterer intervention programs.
- Loss of Child Custody or Visitation Rights: Conviction for domestic violence seriously affects or denies your parental rights altogether.
- A Permanent Criminal Record: A criminal behavior conviction affects future job prospects and housing opportunities.
- Difficulty Securing Housing or Employment: Background checks can reveal a conviction, making it impossible to find a place to live or a job.
What to Do If You Are Arrested for Domestic Violence in Wisconsin
The moment you are arrested, anything you say can be used against you in court. Even if you think the accusations are wrong, do not explain anything to the police officer. Otherwise, kindly cite your right to remain silent until you talk to Nathan J. Dineen.
Once arrested, you may be issued a no-contact order, even if the alleged victim of abuse does not want to press charges. Violating the order would result in further charges and, thus, more complications for your case.
Gather evidence to support your case, text messages or e-mails, social media posts, security footage, witness statements from neighbors, family, and friends, and any medical records or injury photos for your benefit.
Prosecutors usually use social media postings as evidence. Don't post anything about your case, your accuser, or even the incident itself. A post that seems harmless today could be used against you later.
One of the most critical steps you can take is to hire a Nathan J. Dineen immediately. As a skilled lawyer, he will analyze the charges against you, review police reports and evidence, develop a strong legal defense, and represent you in court to negotiate for reduced or dismissed charges.
Get Immediate Help From a Domestic Violence Lawyer
Don’t allow a lie, a mistake, or a fleeting moment of chaos to define you and drag you down. Nathan J. Dineen is a trusted domestic violence defense lawyer who fights with the expertise, determination, and dedication needed to protect your rights and secure the best possible outcome.
Call Nathan J. Dineen today for a free case review that could change everything. Reaching out to a skilled domestic violence defense attorney can make a critical difference in protecting your rights and building a strong legal defense.
