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When Does a Fight Become Domestic Violence?

Michael Cohen • July 20, 2022

Wisconsin does not recognize a specific crime for domestic violence. Instead, domestic violence acts as an 'enhancer' for criminal acts. In certain situations, crimes like strangulation, battery, or disorderly conduct could receive a domestic violence classification if the incident occurred between spouses or former spouses, people who live or lived together, or people who share a child with one another.

 

Domestic violence convictions can also lead to significant penalties. Therefore, if you are facing a domestic violence charge, you should seek legal help as soon as possible. The experienced attorneys at Cohen Law Offices can determine if you are eligible to raise a defense to your domestic violence charge and can represent you at all criminal court hearings in your case.

 

To learn more about how we could assist with defending you in your pending case, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

 

When Does a Charge Become Domestic Abuse?

 

Under the Wisconsin statute that defines domestic violence, any of the following types of conduct could be classified as domestic abuse when the parties are current or former spouses, live or lived together, or have a child together:

 

·        Intentional infliction of physical pain, physical injury or illness.

·        Intentional impairment of physical condition.

·        Sexual assault

·        A physical act that may cause the other person reasonably to fear imminent engagement in any of the above

 

The law imposes arrest requirements when a crime could be classified as domestic violence, so there are cases in which officers make an arrest out of an abundance of caution when no real crime has occurred. For this reason, you should always consult with an attorney after a domestic violence arrest.


What are the Potential Penalties upon Conviction for a Domestic Violence Offense?

 

Individuals who are convicted on a domestic violence charge could sustain very serious penalties. Crimes can be both misdemeanors or felonies that can lead to jail or prison time.

 

Moreover, there are numerous collateral consequences associated with domestic violence convictions. First of all, the court might order the accused individual to leave their residence for a period of time – especially while the case is pending in the court system. Moreover, the accused person might not be able to contact their children, either in person or via electronic means. Finally, the accused may lose their right to possess a firearm for the remainder of their lifetime.

 

 

Call Us Today to Speak with a Criminal Defense Lawyer

 

If you have been charged with a domestic violence offense, it is vital that you retain experienced legal counsel to represent you in your case as soon as possible. Many domestic violence allegations are retaliatory in nature and are often made in an effort to ‘get back’ at an ex or to influence the outcome of child custody proceedings. Our legal team can represent you in court, advocate for your legal interests, and help you obtain the best possible result in your criminal matter.

 

For a free case evaluation and legal consultation with a skilled domestic violence defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online. 

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