What are the Elements of Domestic Abuse?

In Wisconsin, domestic abuse is a commonly charged offense. In Eau Claire County alone, there are over 100 people referred each year for misdemeanor domestic battery charges. This does not include people charged with offenses such as damage to property and disorderly conduct.

Who Do Domestic Violence Laws Protect?

The first requirement for a domestic abuse charge is who the crime is allegedly committed against. According to the statute, domestic abuse can be of:

●    A spouse or former spouse

●    An adult that the person lives with or currently lives with

●    An adult with whom the defendant has a child

Examples of Domestic Abuse Actions

Domestic abuse can encompass a variety of acts meant to cause physical harm to the victim or put them in fear. There are several ways that one can be charged. They include:

●    If they inflicted pain or injury on the victim

●    If they committed sexual assault

●    If they committed a physical act that caused the victim to fear physical injury or sexual assault

Domestic abuse is an offense that requires some sort of intent. After all, the crimes of assault and battery cannot be committed by accident. For example, if one accidentally initiated contact, it may not be considered domestic abuse. In addition, one valid way to contest these charges is that the defendant was acting in self-defense.

When Officers Will Arrest Someone

When an officer is called to the scene of a domestic dispute, they will arrest someone if they have a reasonable basis to believe that the person is or has committed domestic abuse and there is:

●    A fear that the person will continue to abuse the victim

●    They see signs of physical injury

●    They see that one person is the predominant aggressor

Police officers are arresting people for domestic violence more expansively these days. They are afraid of not arresting someone who later turns out to commit another violent act against the victim. In fact, in Wisconsin, the primary aggressor as determined by the police must be arrested. Therefore, they are more likely to err on what is the side of caution for them and make an arrest. The law enforcement officer has to make a quick judgment on the spot based on what they know about the people's history and what they think happened. This means that some people who have been arrested may either not be charged or can successfully defend the charges against them.

Not all the people who are arrested are referred for charges. In some cases, their attorney engages with law enforcement and is able to explain their client’s side of the story. In other cases, the lawyer can dispute that their client committed the act or had the required intent.

Experienced Domestic Abuse Attorneys

If you have been charged with domestic abuse, call the experienced attorneys at The Cohen Law Offices at (715) 514-5051 today. We know how to protect your rights and will work hard to resolve your case as favorably as possible. You can also contact us online.