Can You Drop Domestic Violence Charges in Wisconsin? The Truth

Understanding Domestic Violence Laws in Wisconsin

Domestic violence is a serious issue that impacts individuals and families across Wisconsin. Far from being a private matter, it is a criminal offense with significant legal ramifications for offenders and vital protections for victims. This article aims to provide a clear, actionable guide to understanding domestic violence laws in Wisconsin, offering practical legal advice and outlining the steps involved for those affected.

What Constitutes Domestic Violence Under Wisconsin Law?

In Wisconsin, domestic violence, often referred to legally as "domestic abuse," extends beyond mere physical assault. Wisconsin Statutes define domestic abuse broadly, focusing on acts committed against an adult or child who is a "family or household member." This includes spouses, former spouses, cohabitants, former cohabitants, parents, children, or individuals who have a child in common.

Specifically, Wis. Stat. § 968.075(1)(a) defines domestic abuse as any of the following acts committed against a family or household member:

• ⚖️ Intentional infliction of physical pain, physical injury, or illness.
• ⚖️ Intentional impairment of physical condition.
• ⚖️ Sexual assault, as defined in Wis. Stat. § 940.225.
• ⚖️ A physical act that causes the family or household member to fear imminent physical pain, physical injury, illness, or sexual assault.
• ⚖️ Damage to property with intent to annoy or frighten the other person.
• ⚖️ Confinement or restraint without consent.

It's important to recognize that a pattern of coercive control, including emotional, psychological, or financial abuse, can also be evidence in domestic violence cases, even if not explicitly a standalone criminal charge, as it often underpins the enumerated physical acts or threats.

The State's Role: Mandatory Arrest and Prosecution

Wisconsin has a mandatory arrest law for domestic violence incidents. Under Wis. Stat. § 968.075(2), a law enforcement officer shall arrest a person without a warrant if the officer has probable cause to believe that the person has committed an act of domestic abuse and meets certain criteria (e.g., the act caused physical injury, or the officer reasonably believes there is a threat of further violence). This means that even if a victim is reluctant to press charges, the police are often legally obligated to make an arrest if the criteria are met.

Once an arrest is made, the decision to prosecute rests with the district attorney's office, not the victim. While a victim's wishes are often considered, they do not have the legal authority to "drop charges." Prosecutors evaluate the evidence independently and decide whether to proceed with charges, often prioritizing public safety and the prevention of future violence.

Common Domestic Violence Charges and Penalties in Wisconsin

Domestic violence incidents can lead to various criminal charges, ranging from misdemeanors to serious felonies, depending on the nature and severity of the act, the extent of injury, and any prior convictions. Some common charges include:

• 🚨 Battery (Wis. Stat. § 940.19): This is a very common charge.
  • ⚖️ Misdemeanor Battery: Typically involves bodily harm and can result in up to 9 months in jail and/or a $10,000 fine.
  • ⚖️ Felony Battery: Occurs when there's substantial bodily harm, great bodily harm, or if the offender has prior domestic abuse convictions. Penalties can range from years in prison and substantial fines.
• 🚨 Strangulation and Suffocation (Wis. Stat. § 940.235): This is a serious felony offense, even if no visible injuries are present, due to the high risk of severe injury or death. Conviction can lead to up to 6 years in prison and/or a $10,000 fine.
• 🚨 Disorderly Conduct (Wis. Stat. § 947.01): Often charged in domestic disputes where a physical act or threat creates a disturbance, but does not meet the criteria for battery. This is a misdemeanor.
• 🚨 Criminal Damage to Property (Wis. Stat. § 943.01): If property is damaged during a domestic incident. Penalties vary based on the value of the damage.
• 🚨 Sexual Assault (Wis. Stat. § 940.225): A felony offense with severe penalties, including lengthy prison sentences and sex offender registration.

Penalties and Consequences for Offenders:

Beyond potential jail time and fines, a domestic violence conviction carries significant collateral consequences:

• ⛓️ Mandatory Domestic Abuse Assessment: Convicted individuals are often required to undergo a domestic abuse assessment and attend counseling or treatment programs, typically at their own expense.
• 🚫 Firearm Restrictions: A conviction for a misdemeanor crime of domestic violence or a felony disqualifies an individual from possessing firearms under both state and federal law (Brady Handgun Violence Prevention Act).
• 🏠 No-Contact Orders: As a condition of bail or probation, the court will almost certainly impose a no-contact order, prohibiting the defendant from contacting the victim, directly or indirectly. Violation of this order can lead to new, serious charges.
• ⚖️ Impact on Child Custody/Placement: A domestic violence history will heavily influence family court decisions regarding child custody and placement, often favoring the non-abusive parent.
• 💼 Employment and Housing: A criminal record, especially one involving domestic violence, can severely impact future employment opportunities and housing options.

Hypothetical Case Examples:

To illustrate the application of these laws, consider two hypothetical scenarios:

1. ⚖️ Scenario A (Misdemeanor Battery): Mark and Sarah, cohabitants, get into a heated argument. Mark pushes Sarah, causing her to fall and scrape her knee. Police are called. Given probable cause of physical injury to a household member, Mark is arrested for misdemeanor battery. If convicted, he could face jail time, fines, probation, and mandatory domestic abuse counseling, along with a no-contact order with Sarah.
2. ⚖️ Scenario B (Felony Strangulation): David and Emily, who are married, are arguing. David grabs Emily by the neck, restricting her breathing for a few seconds. Emily calls 911. Even if Emily shows no visible marks, David would likely be arrested for felony strangulation/suffocation. If convicted, he faces significant prison time (up to 6 years), fines, and immediate, permanent loss of his right to possess firearms, alongside other penalties. This charge is particularly serious due to the high lethality risk associated with strangulation.

Victim's Path: Seeking Protection and Justice in Wisconsin

If you or someone you know is a victim of domestic violence in Wisconsin, there are crucial steps to take to ensure safety and pursue legal protection:

1. 🚨 Prioritize Safety – Call 911: If you are in immediate danger, call 911. Law enforcement can intervene, make an arrest, and help you secure temporary safety.
2. 🏥 Seek Medical Attention: Even if injuries seem minor, get medical attention. Medical records provide crucial documentation that can be used as evidence in a criminal or civil case.
3. 📸 Document Everything:
   • 📅 Take photos of injuries, damaged property, or unsafe living conditions.
   • 📅 Save text messages, emails, or voicemails that contain threats or evidence of abuse.
   • 📅 Keep a detailed journal of incidents, including dates, times, and descriptions of what happened.
4. ⚖️ Understand Your Rights as a Victim: Wisconsin law provides specific rights to victims of crime, including the right to be present at proceedings, the right to restitution, and the right to protection from harassment and intimidation. Your local Victim/Witness Services program, often part of the District Attorney's office, can help explain these rights.
5. 🛡️ Seek a Restraining Order (Injunction): Wisconsin offers two primary types of restraining orders relevant to domestic violence:
   • 🚫 Domestic Abuse Injunction (Wis. Stat. § 813.12): This is specifically for acts of domestic abuse against a family or household member. To obtain one, you must demonstrate to the court that the respondent has engaged in domestic abuse and that you are in reasonable fear of further abuse. If granted, these injunctions can prohibit the abuser from having any contact with you, coming within a certain distance of your home, work, or children's school, and can even grant temporary custody of children or use of a shared residence. They can last up to 4 years and are renewable.
   • 🚫 Harassment Restraining Order (Wis. Stat. § 813.125): While broader, this can also be used in domestic situations where the abuse constitutes harassment (e.g., repeated phone calls, threats, property damage without physical assault). They can last up to 4 years.

   To petition for an injunction, you typically go to the circuit court clerk's office, fill out a petition, appear before a court commissioner or judge for a temporary order, and then attend a hearing for a final injunction. An attorney can greatly assist with this process.

6. 🤝 Connect with Victim Support Services: Wisconsin has numerous organizations dedicated to helping domestic violence victims. These include local shelters, advocacy groups (like DAIS in Dane County, or Women's Transit Authority in Marathon County), and crisis hotlines. They offer safe housing, counseling, legal advocacy, and support groups.

Compensation for Victims in Wisconsin

Unlike a civil lawsuit where you might sue for broad "damages," compensation for victims in criminal domestic violence cases in Wisconsin primarily comes through two avenues:

• 💵 Restitution: As part of a criminal conviction, the court can order the defendant to pay restitution to the victim for out-of-pocket expenses directly resulting from the crime. This can include medical bills, counseling costs, lost wages, and property damage. The amount is determined by the court based on documentation provided by the victim.
• 💵 Wisconsin Crime Victim Compensation Program: Administered by the Wisconsin Department of Justice (DOJ), this program provides financial assistance to victims of violent crimes, including domestic violence. It is a payer of last resort, meaning it covers expenses not covered by insurance or other programs. The program can help with:
  • 💰 Medical and dental expenses.
  • 💰 Mental health counseling.
  • 💰 Lost wages or support.
  • 💰 Funeral and burial expenses.
  • 💰 Crime scene clean-up.
  • 💰 Emergency relocation expenses (e.g., up to $2,000 for temporary housing).

  While the program has maximum award limits (e.g., generally up to $40,000 for physical and emotional injuries), it's important to understand this is not a civil lawsuit settlement but rather assistance for specific, documented expenses. Applications usually need to be filed within a year of the crime.

For more extensive compensation for pain and suffering, emotional distress, or punitive damages, a victim might need to pursue a separate civil lawsuit against the abuser, which is a complex legal undertaking requiring an experienced attorney.

Common Mistakes and Legal Pitfalls

Navigating domestic violence cases can be fraught with potential missteps for all parties involved:

• ⚠️ For Alleged Abusers:
  • 🚫 Violating No-Contact Orders: This is a separate criminal offense with severe penalties. Even seemingly innocent contact can lead to new charges.
  • 🚫 Talking to Police Without an Attorney: Anything you say can and will be used against you. Exercise your right to remain silent and request an attorney immediately.
  • 🚫 Underestimating the Severity: Domestic violence charges are taken very seriously by Wisconsin courts.
• ⚠️ For Victims:
  • 🚫 Recanting Statements: While understandable given the complexities of abuse, recanting statements to police or prosecutors can complicate the case, potentially leading to charges of obstructing an officer or even perjury. It can also make it harder to get help in the future.
  • 🚫 Not Documenting: Failing to document injuries, threats, or incidents can weaken a criminal case or a petition for a restraining order.
  • 🚫 Believing You Can "Drop the Charges": As noted, the state decides to prosecute.
• ⚠️ False Accusations: Making false allegations of domestic violence is a serious crime, potentially leading to charges like false reporting or obstruction of justice, with penalties including fines and jail time.

Key Deadlines

While domestic violence cases are typically acted upon quickly (immediate arrest, swift filing of charges), there are some deadlines to be aware of:

• ⏰ Restraining Order Hearings: A temporary restraining order hearing typically occurs within 24 hours of filing, and the full injunction hearing is usually scheduled within 14 days. Missing these can mean your protection order lapses.
• ⏰ Crime Victim Compensation: Applications for the Wisconsin Crime Victim Compensation Program typically must be filed within one year of the crime, with some exceptions.
• ⏰ Statute of Limitations: While criminal charges are usually filed immediately, there are statutes of limitations for various crimes (e.g., often 6 years for felonies like battery, 3 years for misdemeanors). However, for ongoing domestic violence, each new act can reset the clock, and severe crimes like sexual assault may have no statute of limitations or very long ones.

The Crucial Role of Legal Counsel

Whether you are a victim seeking protection or an individual facing domestic violence allegations, securing experienced legal representation is paramount. An attorney specializing in criminal law can:

• 🏛️ For Victims: Help you navigate the restraining order process, understand your rights, liaise with prosecutors, assist with victim compensation applications, and provide advice on family court implications.
• 🏛️ For Alleged Perpetrators: Defend against false accusations, negotiate with prosecutors, ensure your rights are protected during investigation and arrest, and help you understand the long-term consequences of a conviction.

Domestic violence cases are highly complex, emotionally charged, and carry severe consequences. Do not attempt to navigate them alone.

Disclaimer: This article provides general information about domestic violence laws in Wisconsin and is not intended as legal advice. Laws are subject to change and vary based on specific circumstances. For personalized legal guidance, it is essential to consult with a qualified attorney licensed to practice law in Wisconsin. This blog and its content do not create an attorney-client relationship.