Waukesha & Milwaukee Domestic Violence Defense Attorneys
Presenting a Strong Defense Against Spousal Abuse or Domestic Violence (DV) Charges in Wisconsin
Milwaukee Criminal Defense Attorneys Defending Your Reputation and Your Case
Domestic Abuse Laws in Wisconsin
Wisconsin Statutes § 968.075 defines what makes a crime an act of domestic violence. A crime may be considered an act of domestic abuse depending on the relationship between the parties involved. Any of the following behaviors, or physical act that causes another person to fear that any of the following behaviors may be imminent, may constitute a domestic violence offense:
- Homicide, Battery and Disorderly Conduct Offenses - intentional infliction of physical pain, physical injury or illness, including allegations of homicide, strangulation, false imprisonment, kidnapping, child abuse, spousal abuse, domestic battery, corporal punishment, endangering safety by use of a dangerous weapon, reckless endangering safety, disorderly conduct, criminal damage to property, criminal trespass to dwelling, intimidation of a victim or witness, unlawful use of a telephone or computer, and violation of a restraining order.
If one of the parties involved in any of the above criminal behaviors is an adult who has any the specific relationships with the other party involved, those criminal acts will be considered acts of domestic abuse. The offense will be considered a crime of domestic violence if the alleged victim is:
- his or her spouse or former spouse;
- an adult with whom the person resides or formerly resided; or
- an adult with whom the person has a child in common.
Possible sentencing consequences if convicted of an act of domestic violence
If convicted of an offense involving domestic violence in Wisconsin, the penalty for the underlying offense may be subject to a domestic abuse surcharge and/or enhanced penalties:
- The court shall impose a surcharge of $100 for each offense of domestic abuse;
- The maximum term of imprisonment for anyone convicted of a misdemeanor act of domestic violence as a domestic abuse repeater may be increased by not more than 2 years. This penalty enhancer changes a misdemeanor to a felony.
- Under Federal law, 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor offense of domestic violence involving force or a deadly weapon, or the attempted use of force, or threatened use of a deadly weapon, is permanently prohibited from receiving or possessing a firearm.
There is perhaps no type of criminal case that more greatly disrupts and impacts a client's everyday life than being arrested or charged with a Wisconsin domestic violence (DV) offense in Milwaukee or Waukesha. Allegations of domestic violence and abuse normally result in an arrest and restraining orders to prevent one party from returning home, often before a thorough investigation has been conducted. These criminal cases are often infused with tension and hostility that occurs when two parties with emotional attachment to each other are at odds. Gamiño Law Offices, LLC is a criminal defense law firm in Milwaukee & Waukesha with lawyers who are experienced in domestic violence defense.
Our Waukesha and Milwaukee criminal defense attorneys who defend domestic violence allegations understand that there is rarely any clear answer as to what really happened in typical he-said / she-said claims of domestic abuse in Wisconsin. This works to our client's advantage when the state must provide evidence of guilt, beyond a reasonable doubt. Additionally, we strive to alleviate any stigma from being arrested or charged with domestic violence. An experienced criminal defense lawyer will investigate the motives an alleged victim of domestic violence has to claim abuse; find the best defenses to persuade the DA, judge or jury of our client's version of the events; and advocate to reduce penalties and avoid enhanced penalties that can be sought in these cases. We understand that often accusations of domestic violence and abuse in Milwaukee or Waukesha, WI are tools used by unscrupulous parties to gain an advantage in another legal matter or dispute, such as custody and placement litigation in family court, or to get back at someone when they are jealous of a new relationship or are angry that their relationship has ended. We protect our clients from abuse of legal systems by alleged victims with improper motivations to claim abuse by presenting a strong defense on our client's behalf.
*Free Initial Consultations In Domestic Violence & Abuse Cases
*Flat Fee Agreements and Payment Plans Available
For more information about our dedicated Milwaukee criminal defense lawyers and Waukesha divorce lawyers,or about other legal services available in our Milwaukee or Waukesha law firm, please contact us today!
If you have been involved in an act of domestic violence and are seeking assistance, Milwaukee offers a variety of services for families, including:
Batterers Anonymous - Beyond Abuse is a support group run by the Sojourner Family Peace Center for those who need help to avoid violent and controlling behavior. For information, call 414-643-4799.
The Nevermore Batterer's Treatment is another program designed to assist the abuser in stopping violent behavior. For information, call 414-828-5190.
A list of anger management resources in Milwaukee can be found at this online directory.
Copyright 2012 by Gamino Law Offices, LLC | All rights reserved.
1746 S. Muskego Ave. | Milwaukee, WI 53204 | 414-383-6700
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