Domestic Violence Charges: The First 72 Hours Are Important

In many criminal cases, your actions can speak louder than your words and make a big impact on the case. In a situation where you've been charged with domestic violence, emotions may run high, but you do not want to run into any mistakes that cause you to get into further trouble.

Learn why the first 72 hours of a domestic violence arrest are crucial and the steps you can take to help showcase your side of the story and avoid as much jail time as possible.

No Contact Clause

In the state of Wisconsin, laws are set into place about making contact with an alleged victim of a domestic violence charge. If you've been charged, arrested, and released from jail, then you may not make contact in any way with the alleged victim of the crime. Contact includes seeing the person in person, talking on the phone, or sending text or social media messages.

You also cannot attempt to circumvent this contact clause with a third party. For example, you cannot attempt to send a message to the alleged victim through their family member to pass along. During the 72-hour window, you must avoid all contact.

Even if you shared a residence, then you must avoid the home as well. You cannot go to their home, even if you know they will not be there. If you have personal items or other items you want to take, you still must avoid the area and avoid all contact.

If you violate the no contact clause, then you could end up facing a fine up to $10,000 or a judge could sentence you up to 9 months behind bars. The one exception to this 72-hour no contact law is if the alleged victim signs a waiver that allows contact before the full 72 hours are up. You cannot request that they sign the waiver, it is done through their own choice.

If a judge sets bond with a condition of no contact with the alleged victim, that condition is separate from the 72-hour window. Bond conditions remain in place until your case is closed. Violation of bond conditions carries its own penalties: a fine of up to $10,000 or up to 6 years behind bars if you violate bond in a felony case or a fine of up to $10,000 or up to 9 months behind bars if you violate bond in a misdemeanor case.

Hiring Legal Help

When you get arrested for domestic violence, no matter how you feel about the charges, you will want a legal team on your side to represent the case. Hiring a criminal defense team is not an admission of guilt. It's a smart move to ensure you know the best steps to take moving forward. You will want to avoid any major mistakes and ensure you follow the rules correctly.

The quicker you hire legal help, the better chances you have of avoiding jail time and ensuring all of the details of your case are correct. A legal team can help you with any bail questions you have and can communicate on your behalf to other lawyers instead of contacting an alleged victim directly.

A legal team will be by your side each step of the way and can really help enhance the outcome of a case.

Gathering Evidence

Gathering evidence quickly is one of the best ways to support your side of the case. You do not want to lose the opportunity to gather evidence or miss out on key pieces of evidence that eventually become unable to retrieve. For example, specific social media apps may display certain messages for certain amounts of time.

During the first 72 hours of your case, you can work with a lawyer to obtain screenshots of any interactions or pictures you want to use as evidence in the case. By doing it the proper way, a lawyer can help make this evidence admissible in court and become a key part of the case.

Preventing Additional Charges

The last thing you want to do during the first 72 hours is add more charges to your current charges. You need to take the time to relax, control any anger you have, and gain some perspective on the situation. Try to visit some family members, relax, or seek professional help. All of these resources will ensure you don't make future mistakes.

In some cases, you may go to a lawyer for advice. A lawyer may have professional resources to help you stay out of trouble and ensure you do not add to the current charges you have. If you work, then you could focus on going back to your job and avoiding any elements of the situation that caused the arrest in the first place.

If alcohol or drug abuse was involved with your actions in any way, then you may want to cut them out or seek alternative options so you do not spiral. When you face possible jail time, you could easily spiral, but you must stay level and grounded for the best outcome in your case.

For more information on criminal defense attorneys and representation, contact us at Cohen Law Offices, LLC. We have years of experience representing clients in domestic violence cases and can help you achieve the best outcome, especially in the early hours of the case.