Milwaukee Domestic Violence Lawyer

Fighting Domestic Violence, Domestic Abuse, & Disorderly Conduct in Milwaukee

Did you know that just having a loud argument in your own home can result in serious domestic violence charges? Many people don't realize how involved a domestic violence accusation can be. Such a charge can put you out of your home, affect your ability to remain in contact with your children or loved one, and impact your ability to work in many areas (like child care, security, and health care). 

Domestic violence accusations can also permanently affect your right to own or purchase firearms or to hunt. If you've been accused of domestic violence, contact online our Milwaukee domestic violence lawyer at Ritter Law Office, LLP or call us at (414) 441-4321 immediately.

Understanding Domestic Violence Charges in Milwaukee

In Wisconsin, domestic violence offenses can involve physical assault, threats, harassment, stalking, or any action that instills fear in the victim or causes harm. Domestic violence charges in Milwaukee can result in both criminal penalties and civil consequences, including protective orders or restraining orders that may impact your daily life.

In Milwaukee, allegations of domestic violence can come from a spouse, partner, family member, or cohabitant, and the penalties for these offenses can vary depending on the severity of the alleged incident.

Types of Domestic Violence Charges

Domestic violence charges can encompass a wide range of behaviors, and each charge can carry different legal consequences. Some of the most common domestic violence offenses that a Milwaukee domestic violence lawyer may handle include:

• Domestic Battery or Physical Assault: This involves causing bodily harm to a household member, such as hitting, punching, or any act that results in physical injury. Even a minor injury can lead to a domestic battery charge.
• Domestic Aggravated Battery: If the alleged assault involved a weapon or caused serious bodily injury, it could lead to an aggravated battery charge, which carries more severe penalties.
• Domestic Abuse Injunctions (Protective Orders): In many cases, domestic violence charges are accompanied by a request for a restraining order or protective order. This order can prohibit the alleged offender from contacting the victim and can even require them to vacate the family home.
• Stalking or Harassment: In cases of repeated unwanted contact, surveillance, or threats that cause the victim emotional distress or fear for their safety, stalking or harassment charges may be applied.
• Sexual Assault or Abuse: In more extreme cases, the accused may face sexual assault charges alongside domestic violence allegations.
• Child Abuse: If children are involved and subjected to harm or neglect, additional charges may apply. This could include physical abuse, emotional abuse, or neglect.
• Threatening Behavior: Threatening harm or injury to a partner or family member can be considered domestic violence, even if no physical contact occurs.

Penalties for Domestic Violence in Milwaukee

Penalties for domestic violence charges in Milwaukee can vary significantly, depending on the type and severity of the offense. A conviction can result in a range of consequences, including criminal penalties such as:

• Jail or Prison Time: Depending on the seriousness of the offense, a conviction may result in incarceration. For example, aggravated domestic battery or sexual assault may lead to significant prison sentences.
• Fines: Fines can be assessed in conjunction with jail time or as a separate penalty. Fines can range from hundreds to thousands of dollars.
• Probation: Instead of incarceration, the court may sentence the defendant to probation, where they must comply with conditions such as counseling, community service, and regular check-ins with a probation officer.
• Restraining Orders: A conviction may result in a restraining order that limits contact with the victim and could include conditions such as staying away from the victim's home or workplace.
• Domestic Violence Classes: Courts may order the defendant to attend domestic violence counseling or educational classes to address issues that led to the offense.
• Loss of Custody or Visitation Rights: In cases involving children, domestic violence convictions can result in the loss of custody or visitation rights.

It is important to understand that penalties can vary based on the charges, the defendant’s prior criminal history, and whether any aggravating or mitigating factors are involved. Having a knowledgeable Milwaukee Domestic Violence Attorney on your side can help you navigate these complex cases and minimize the consequences.

Defense Strategies for Domestic Violence Charges

If you have been accused of domestic violence in Milwaukee, there are several defense strategies that can be used to challenge the charges. One common defense is false allegations, where disputes or misunderstandings may lead to exaggerated or fabricated claims. Your Milwaukee domestic violence lawyer will investigate the accuser's credibility and examine any evidence that may disprove the allegations. Another defense is self-defense, where you may argue that you were protecting yourself from harm and that the force used was reasonable and necessary.

Other potential defenses include lack of evidence, where the prosecution may not have sufficient proof to support the charges, and mistaken identity, where you can provide evidence to show you were not the perpetrator. Additionally, a defense may be based on unlawful search and seizure if law enforcement violated your rights during the investigation. A skilled lawyer will assess the facts of the case and work to either have charges reduced or dismissed based on these and other defense strategies.

How Do People Deal with Domestic Violence?

If you are a victim of domestic violence and are seeking ways to defend yourself or protect yourself legally, there are several steps you can take. Here are some key measures you can consider:

• Obtain a Protection or Restraining Order: One of the first steps you can take is to seek a protection or restraining order against the abuser. This legal order prohibits the abuser from contacting or coming near you, your home, workplace, or other places you frequent. The order may also include provisions for temporary custody of children, child support, and other important matters.
• Document the Abuse: It’s essential to gather evidence to support your claims of domestic violence. This can include photographs of injuries, medical records, police reports, witness statements, and any threatening messages or communications. Documentation is crucial for both legal protection and during court proceedings.
• Contact Law Enforcement: If you are in immediate danger, contact law enforcement right away. Domestic violence is a criminal offense, and law enforcement can intervene to protect you, investigate the abuse, and potentially arrest the perpetrator. Police reports can also serve as evidence in legal proceedings.
• Seek Medical Attention: If you have been physically harmed, it’s important to seek medical attention as soon as possible. Medical records will serve as evidence of injuries and abuse. Additionally, doctors and healthcare professionals can offer support, document evidence, and provide referrals to counselors or shelters.
• Consult a Domestic Violence Lawyer: If you are a victim of domestic violence, a skilled attorney can help you navigate your legal options, including seeking a protective order, filing criminal charges against the abuser, or pursuing a civil lawsuit. A lawyer can help you understand your rights, protect you from further harm, and represent you in court if necessary.
• Seek Counseling and Support: Domestic violence can cause significant emotional and psychological harm. It’s important to seek professional counseling or therapy to help you heal from the trauma. Domestic violence support groups and shelters also provide resources, safety planning, and emotional support to victims.

What is the Statute of Limitations on Domestic Violence in Wisconsin?

In Wisconsin, the statute of limitations for domestic violence-related crimes depends on the specific offense. For misdemeanor offenses, the statute of limitations is typically 3 years from the date of the alleged incident. For felony offenses, such as aggravated domestic assault, the statute of limitations is generally 6 years. However, certain circumstances, like the victim's age or discovery of new evidence, can extend these timeframes.

How Long Does Domestic Violence Stay on Your Record in Wisconsin?

A domestic violence conviction in Wisconsin can remain on your criminal record indefinitely unless you take steps to have it expunged or sealed. Expungement is not automatic, and eligibility depends on factors like the nature of the offense, whether it was a felony or misdemeanor, and how much time has passed since the conviction. If eligible, you may be able to petition the court to have the conviction removed from your record.

Extensive Domestic Violence Defense in Milwaukee

Domestic violence is very aggressively prosecuted by the DAs in this area, regardless of the wishes of the "victim" and can lead to severe consequences. They will sometimes continue to pursue the charge even if the victim refuses or just doesn't come to court.

Ensure your rights are protected with an experienced criminal defense attorney that has handled domestic violence cases similar to your own. We can make a huge difference in how the DA decides to handle your case, whether you are treated fairly and ultimately what happens to you.

Our Milwaukee Domestic Violence Attorneys Understand Difficult situations

At Ritter Law Office, LLP, we understand the sensitive family situations that often lead to people being charged with domestic violence-related crimes. We take the time to get to know each client and their individual situation. A detailed understanding of the facts of each case is essential to getting you the best possible outcome.

Our Milwaukee domestic violence lawyers are very successful at getting  charges reduced or, in many cases, completely dismissed. We know your family, your reputation and your freedom may be at stake and we can help.

If you've been accused of domestic violence, contact our Milwaukee domestic violence attorney today at (414) 441-4321 to schedule your initial consultation.