How to Handle Domestic Violence Legally in Wisconsin

Understanding Domestic Violence in Wisconsin: Your Rights and Options

Domestic violence is a serious issue in Wisconsin, impacting individuals and families across the state. This article aims to provide practical advice and legal strategies for victims of domestic violence in Wisconsin, empowering them to understand their rights and navigate the legal system effectively. We'll cover key aspects like restraining orders, criminal charges, and potential compensation.

What Constitutes Domestic Violence in Wisconsin?

⚖️ In Wisconsin, domestic violence, often referred to as "domestic abuse," is defined as any of the following acts engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common:

• 🚫 Intentional infliction of physical pain, physical injury or illness.
• 🚫 Intentional impairment of physical condition.
• 🚫 A violation of s. 940.225 (1), (2) or (3) of the Wisconsin Statutes (sexual assault).
• 🚫 A threat to engage in conduct specified under par. (a), (b) or (c) and the actor has the apparent ability to carry out the threat.

This definition is broad and covers a range of abusive behaviors, not just physical violence. It's crucial to understand this definition to determine if you are a victim of domestic violence under Wisconsin law.

Seeking Immediate Protection: Restraining Orders in Wisconsin

🛡️ One of the first steps a victim of domestic violence can take is to seek a restraining order. In Wisconsin, there are two types of restraining orders relevant to domestic violence situations:

1. Temporary Restraining Order (TRO): This is a short-term order that can be obtained quickly, often within a day or two. A TRO is issued ex parte, meaning the abuser is not present when the judge makes the decision. The judge must find reasonable grounds to believe that the abuser has engaged in domestic abuse and that continued abuse is likely.
2. Permanent Restraining Order: This order lasts for up to four years. To obtain a permanent restraining order, a hearing must be held where both the victim and the abuser have the opportunity to present evidence and testimony. The victim must prove, by a greater weight of the credible evidence, that domestic abuse has occurred.

How to Obtain a Restraining Order in Wisconsin:

1. File a Petition: You must file a petition with the court in the county where you reside or where the abuse occurred. The court clerk can provide you with the necessary forms.
2. Temporary Restraining Order Hearing: If you are seeking a TRO, you will appear before a judge who will review your petition and hear your testimony.
3. Service of Process: If a TRO is granted, the abuser must be personally served with the order.
4. Permanent Restraining Order Hearing: After the abuser is served, a hearing will be scheduled for the permanent restraining order. Be prepared to present evidence, such as photos, medical records, police reports, and witness testimony.

What a Restraining Order Can Do:

• 🏠 Prohibit the abuser from contacting you or coming near your home, workplace, or children's school.
• 🚫 Order the abuser to surrender any firearms they possess.
• 🚷 Prevent the abuser from transferring or disposing of assets.

Violating a restraining order in Wisconsin is a crime and can result in arrest and further legal consequences for the abuser.

Criminal Charges for Domestic Violence in Wisconsin

👮 Domestic violence is a crime in Wisconsin, and abusers can face criminal charges such as:

• Disorderly Conduct (s. 947.01): This charge applies if the abuser's conduct is violent, abusive, indecent, profane, boisterous, or unreasonably disturbs another person. If committed against a family member, it can be charged as domestic abuse disorderly conduct, which carries enhanced penalties.
• Battery (s. 940.19): This charge applies if the abuser intentionally causes bodily harm to another person. If the victim is a family member, it can be charged as domestic abuse battery, which carries enhanced penalties.
• Strangulation and Suffocation (s. 940.235): This is a felony offense that occurs when someone intentionally impedes the breathing or circulation of another person by applying pressure to the throat or neck or by blocking the nose or mouth.
• Criminal Damage to Property (s. 943.01): If the abuser damages your property, they can be charged with this offense.
• Intimidation of a Victim (s. 940.45): This charge applies if the abuser tries to prevent a victim from reporting a crime or cooperating with law enforcement.

What to Do if the Abuser is Arrested:

• Cooperate with Law Enforcement: Provide a detailed statement of the abuse to the police and the district attorney's office.
• Victim/Witness Assistance: The district attorney's office has a victim/witness assistance program that can provide support and information about the criminal justice process.
• No Contact Order: Request a no contact order from the court to prevent the abuser from contacting you while the criminal case is pending.

The criminal justice system can be complex. Consider seeking legal representation from a criminal defense attorney to understand your rights and options.

Civil Remedies: Compensation for Domestic Violence Victims

💰 In addition to criminal charges, victims of domestic violence may also have civil remedies available to them, allowing them to seek compensation for their injuries and losses. Possible civil actions include:

• Personal Injury Lawsuit: You can sue the abuser for damages resulting from the abuse, including medical expenses, lost wages, pain and suffering, and emotional distress.
• Intentional Infliction of Emotional Distress: You can sue the abuser for damages if their conduct was extreme and outrageous and caused you severe emotional distress.
• Property Damage Claims: If the abuser damaged your property, you can sue for the cost of repairs or replacement.

Damages You Can Recover:

• Medical Expenses: Costs associated with treating physical injuries or emotional trauma.
• Lost Wages: Income lost as a result of the abuse.
• Pain and Suffering: Compensation for the physical pain and emotional distress you have endured.
• Emotional Distress: Compensation for anxiety, depression, and other emotional issues caused by the abuse.
• Punitive Damages: In some cases, you may be able to recover punitive damages, which are designed to punish the abuser for their conduct and deter others from engaging in similar behavior.

Statute of Limitations:

⚠️ It's important to be aware of the statute of limitations, which is the time limit for filing a lawsuit. In Wisconsin, the statute of limitations for personal injury claims is generally three years from the date of the injury. Consult with an attorney to determine the applicable statute of limitations in your specific case.

Child Custody and Domestic Violence in Wisconsin

🧑‍👩‍👧‍👦 Domestic violence can have a significant impact on child custody and visitation arrangements. Wisconsin courts prioritize the safety and well-being of children when making custody decisions.

Factors Considered by the Court:

• History of Domestic Violence: The court will consider any history of domestic violence by either parent.
• Child's Best Interest: The court's primary focus is on what is in the best interest of the child.
• Parental Fitness: The court will assess the fitness of each parent to care for the child.
• Cooperation: The court will consider the ability of the parents to cooperate and communicate with each other regarding the child.

Impact on Custody and Visitation:

• Sole Custody: If there is a history of domestic violence, the court may award sole legal and physical custody to the non-abusive parent.
• Supervised Visitation: The court may order supervised visitation for the abusive parent to ensure the child's safety.
• No Contact Orders: The court may issue no contact orders to protect the child from the abusive parent.

Documenting Abuse:

📝 It's crucial to document any instances of domestic violence, as this evidence can be used in child custody proceedings. Keep records of:

• Police reports
• Medical records
• Photos of injuries
• Witness statements
• Text messages or emails

Practical Advice for Domestic Violence Victims in Wisconsin

• Safety Planning: Develop a safety plan to protect yourself and your children in case of an emergency. This plan should include a safe place to go, a way to contact the police, and a list of important phone numbers.
• Document Everything: Keep a record of all incidents of abuse, including dates, times, descriptions of the abuse, and any injuries sustained.
• Seek Medical Attention: If you are injured, seek medical attention and document your injuries.
• Confide in Someone You Trust: Talk to a trusted friend, family member, or therapist about the abuse.
• Change Your Routine: If possible, change your routine to make it more difficult for the abuser to find you.
• Protect Your Finances: Take steps to protect your finances, such as opening a separate bank account and changing your passwords.

Resources for Domestic Violence Victims in Wisconsin

🤝 There are numerous resources available to support domestic violence victims in Wisconsin:

• Wisconsin Coalition Against Domestic Violence (WCADV): WCADV provides information, resources, and advocacy for domestic violence victims in Wisconsin. Their website is wcadv.org
• End Domestic Abuse Wisconsin (End Abuse): End Abuse is a statewide organization that works to end domestic violence through education, advocacy, and collaboration. Their website is endabusewi.org
• National Domestic Violence Hotline: 1-800-799-SAFE (7233) - This hotline provides 24/7 support and resources for domestic violence victims nationwide.
• Local Domestic Violence Shelters: Many communities in Wisconsin have domestic violence shelters that provide safe housing and support services for victims and their children. Contact WCADV or End Abuse to find a shelter in your area.
• Legal Aid Societies: Legal aid societies provide free or low-cost legal services to low-income individuals, including victims of domestic violence.
• Wisconsin Judicare: Provides legal services to low-income individuals in Wisconsin's northern 33 counties.
• Milwaukee Justice Center: Offers various legal assistance programs in Milwaukee County.

Legal Strategies for Domestic Violence Cases in Wisconsin

⚖️ A skilled criminal defense lawyer in Wisconsin can provide invaluable assistance in domestic violence cases. Here are some strategies they might employ:

• Gathering Evidence: Thoroughly investigate the facts of the case, gathering evidence to support your defense. This may include interviewing witnesses, reviewing police reports, and obtaining medical records.
• Challenging the Prosecution's Case: Identify weaknesses in the prosecution's case and challenge the evidence presented against you. This may involve questioning the credibility of witnesses or arguing that the evidence is insufficient to prove your guilt beyond a reasonable doubt.
• Negotiating Plea Agreements: Negotiate with the prosecutor to reach a plea agreement that minimizes the penalties you face. This may involve pleading guilty to a lesser charge or agreeing to complete a diversion program.
• Representing You at Trial: If a plea agreement cannot be reached, your attorney will represent you at trial, presenting evidence and arguments on your behalf.
• Protecting Your Rights: Ensure that your constitutional rights are protected throughout the criminal justice process.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.