A domestic abuse arrest can come with surprising collateral consequences. What should you do to protect your rights? How will this affect your daily life while you’re waiting for the case to be resolved? Here’s what you need to know about the process—and why it’s so important to work with an experienced domestic abuse defense lawyer.
How Wisconsin Defines “Domestic Abuse”
Wisconsin doesn’t charge “domestic abuse” as a standalone crime. It’s a classification that triggers mandatory rules and can enhance potential punishments. Police use the term to describe some criminal offenses when they happen between people who have certain relationships. That relationship can include:
- Current or former spouses
- People who live or have lived together
- People who share a child
- People in a dating relationship
The underlying offense may be something like battery, disorderly conduct, criminal damage to property, or another criminal charge. Whatever the underlying crime, if law enforcement suspects domestic abuse is a factor, it will set a few processes into motion.
The Mandatory Arrest Rule
Wisconsin requires police to arrest a person when they have reasonable grounds to believe domestic abuse has occurred and that the accused is the “predominant aggressor.” Officers must consider factors like signs of injury and whether one person acted in self-defense. Unfortunately, people often report that officers got it wrong. Even when both people make accusations, police must choose one person as the predominant aggressor. Once that happens, an arrest usually follows.
The 72-Hour No-Contact Rule
After arrest, you can expect a mandatory 72-hour no-contact period unless the accuser asks to waive it. The rule applies even before a prosecutor makes a filing decision. You may not return to the home you share with the accuser during that period. You also may not communicate with them in any way, including sending messages through someone else. Violations can lead to new criminal charges.
This frustrates many people who just want to return home or clear up misunderstandings quickly. However, only the accuser can request a waiver, and even then police will discourage waiver.
Your First Court Appearance in Madison
People arrested in Madison usually appear in front of a court commissioner within two business days. That can end up taking four or five, if an arrest occurs around a weekend, as is often the case. The commissioner reviews the allegations and sets bail (also called bond). In domestic cases, bail conditions often include:
- No contact with the accuser
- No return to the shared home
- No possession of firearms
Your lawyer can help you try and persuade the courts why certain conditions are unneeded or unreasonable, and why you need access to your home. Judges and commissioners who bar any return home nonetheless allow one visit to collect essential belongings, but with police escort.
When Prosecutors Decide How to Charge the Case
The fact that you were arrested doesn’t guarantee that prosecutors will file charges. Sometimes the evidence doesn’t support the accusation. In other cases, the accuser changes the story or asks to drop the case. Prosecutors usually make charging decisions after reviewing police reports and the evidence. The district attorney can:
- File the case as written
- File different charges
- Request more investigation
- Decline to file any charges
This process can take days or weeks. Your case once charged though can still be resolved through dismissal, plea negotiations, or even at a trial. The state must prove guilt beyond a reasonable doubt, and the accuser’s credibility often becomes the central issue.
Get Experienced Legal Help from a Madison Domestic Abuse Defense Attorney
Christopher T. Van Wagner S.C. defends people in domestic cases throughout Madison and the surrounding counties. If you’re facing domestic abuse charges, I can help protect your rights and fight for a favorable outcome. Contact me today for a consultation.
