FAQs About Domestic Violence and Wisconsin's Laws

What do you need to know about domestic violence and Wisconsin laws? Domestic violence can affect people of any gender, age, or economic level. Whether you are the abused party or you were arrested for abuse, take a look at the top domestic violence questions answered.

What Is Domestic Violence in Wisconsin?

The general term domestic violence includes more than just slapping or punching. While physical abuse is a primary type of domestic violence, these behaviors may also include verbal intimidation, psychological violence, sexual abuse, or emotional abuse. The domestic abuser uses these behaviors to exercise control over the other person in the relationship. 

In Wisconsin, domestic abuse may specifically include intentional infliction of either physical pain, injury, or illness, an intentional impairment of a physical condition, sexual assault, or physical acts that reasonably cause fear of the aforementioned, according to the State Legislature.

Domestic abuse disputes may happen between adults who are spouses, former spouses, people who live together, people who formerly lived together, or two people who have a child together. Note that the cohabitating abuser and the victim do not have to have been in a relationship for the abuse to be considered domestic.

Does Domestic Abuse Only Affect Women?

No, domestic abuse does not only affect women. Again, this type of behavior can impact any adult of any gender, age, or economic background. It can also affect anyone of any sexual identity/orientation, race, or religion. 

According to the National Coalition Against Domestic Violence (NCADV), just over 36 percent of women who live in Wisconsin have experienced physical domestic violence, rape, or stalking by an intimate partner. This number is slightly lower at 32.1 percent for men. While more women in Wisconsin are domestic violence victims or survivors, these statistics show that plenty of men have also experienced abusive behaviors from an intimate partner.

How Common Is Domestic Violence in Wisconsin?

The NCADV reports that in 2018 there were 30,999 domestic violence incidents in Wisconsin. These are not the only instances of abuse. This number represents the cases reported to law enforcement agencies within the state. It does not include cases reported to non-law enforcement organizations or other similar assistance agencies and hotlines. 

To better understand the impact of domestic violence on adults who live in Wisconsin, the National Network to End Domestic Violence (NNEDV) issues an annual count report summary by state. According to the NNEDV's data, on one day alone in September of 2020 just over half (55 percent) of Wisconsin's domestic violence programs served 1,157 people. During a 24-hour time-frame, state-wide domestic hotlines received an average of 18 calls per hour. 

What Happens After a Victim Reports Domestic Violence Abuse in Wisconsin?

It's always important to report abuse. Failure to do so could aggravate the situation and put the victim in greater or repeated danger. If you are a domestic violence victim or think you are, contact your local law enforcement agency. This step is necessary to start the legal princess of protection. 

Those who aren't sure how to do this can consult a domestic violence agency or hotline for help. While these organizations and agencies can't take a police report, they can connect you to law enforcement officials, help you to leave your partner or remove yourself from a shared living space, and make it possible for you to find other types of assistance.

After a victim contacts the police, the law enforcement agency will assess the incident. If the officer has reasonable grounds to think that the situation falls under the domestic abuse category, they can arrest the abuser. Reasonable grounds could include evidence of physical injury or the belief that the aggressor will continue to harm the victim. 

An arresting officer may take into account past history of domestic violence (such as past arrests or past calls to law enforcement against the abuser), witness statements, the extent of fear that the victim may show, future threats of harm, and evidence of self-defense. You may also need to contact an attorney for help navigating the next legal steps. An attorney can help to protect you legally and explain how arrests and the state's court system work.

What Should You Do If You're Accused of Domestic Violence in Wisconsin?

Did your partner accuse you of domestic violence? Did they call the police? Again, if the law enforcement officer believes the aggressor is a threat to the victim, sees evidence of physical injury, has witness statements that support the victim's claims, or you have previous arrests/reports for domestic violence violations, it is likely that they will arrest you. 

Per state law, you cannot contact the victim for the first 72 hours after the arrest, provided there is no additional waiver in place. If you share a home with the victim and they still reside in the space, you must find another place to live during this time. 

You may not call, text, visit, go to the place of employment, or in any other way get in touch with your accuser during the 72-hour period. If you violate this law, you could face up to $10,000 in fines and/or nine months in prison.

Do you need to learn more about domestic violence in Wisconsin? Contact the Cohen Law Offices for more information.