What to Do If You’re Accused of Domestic Violence in Wisconsin
Being accused of domestic violence is a very serious matter.
In Wisconsin, domestic violence charges can have severe consequences, including jail time, fines, restraining orders, and a lasting impact on your reputation. For many men, these accusations come as a shock, often involving disputes with a spouse, girlfriend, or partner. Knowing how to respond appropriately and protect your rights is essential.
This guide outlines what to do if you are accused of domestic violence in Wisconsin, focusing on steps to safeguard your legal rights and reputation.
1. Stay Calm and Avoid Escalating the Situation
The first and most crucial step is to remain calm. Reacting with anger or aggression can worsen the situation and may even lead to additional accusations. If the police are called, avoid arguing or engaging in any physical confrontation. Ask to speak to a lawyer and have one present if you are being questioned by police. Asking for a lawyer is not an admission of guilt.
Important: Do not contact your accuser, even if you feel the allegations are unfair. Communication attempts can be misinterpreted as harassment or intimidation, which could lead to further charges.
2. Understand the Nature of the Accusation
Domestic violence charges in Wisconsin typically involve allegations of physical abuse, threats, stalking, or harassment against a current or former partner. The state takes these accusations seriously, and even minor incidents can lead to criminal charges.
Key Point: Domestic violence laws in Wisconsin are broad, covering verbal threats, intimidation, and property damage in addition to physical harm. Understand that the accusation itself can trigger an investigation, even without solid evidence.
3. Do Not Speak to the Police Without an Attorney
If law enforcement officers question you about the incident, exercise your right to remain silent and ask for an attorney. Anything you say can and will be used against you. Even casual statements or explanations can be misinterpreted and harm your defense.
Remember: Requesting an attorney is not an admission of guilt. It is your legal right and one of the most important steps in protecting yourself.
4. Hire The Right Domestic Violence Defense Attorney
A domestic violence accusation requires immediate legal representation. An attorney who specializes in domestic violence defense in Wisconsin will guide you through the legal process, protect your rights, and build a strong defense.
Your Attorney Will Help You:
Understand the charges against you.
Navigate restraining orders or no-contact orders.
Gather evidence to support your case, such as text messages, emails, or witness statements.
Represent you in court if necessary.
If you cannot afford an attorney, Gerard Law Firm offers flexible payment plans. You may also request a public defender at your initial court appearance.
5. Always Comply With Restraining Orders or Bond Conditions
If a restraining order or no-contact order has been issued, follow it strictly. Violating these orders can result in additional charges and undermine your defense.
Key Restrictions May Include:
Avoiding any form of contact with the accuser (in person, by phone, or online).
Staying away from shared residences or workplaces.
Surrendering firearms.
Your attorney can help you petition the court for modifications to these orders if they interfere with parenting arrangements or other obligations.
6. Gather Evidence and Witnesses
Evidence plays a crucial role in defending against domestic violence charges. Begin collecting relevant documentation and witness statements that support your side of the story.
Examples of Useful Evidence:
Text messages, emails, or voicemails from the accuser.
Social media posts or photos.
Witnesses who were present during the alleged incident.
Proof of false accusations in the past (if applicable).
An attorney can assist in obtaining evidence that may not be directly accessible to you, such as police reports, surveillance footage, or other records the accuser may hold.
7. Challenge False Accusations
False accusations of domestic violence are not uncommon, especially in contentious relationships or custody disputes. If you believe the allegations against you are unfounded, work closely with your attorney to demonstrate the inconsistencies or motivations behind the claims.
Your Attorney May Argue That:
The accuser has a history of making false allegations.
The accuser has a motive, such as gaining an advantage in a custody dispute.
There is no physical evidence to support the claims.
8. Prepare for Court Appearances
If your case goes to court, preparation is key. Work with your attorney to understand what to expect and how to present yourself effectively.
Tips for Court Appearances:
Dress professionally and arrive on time.
Follow courtroom etiquette and address the judge respectfully.
Avoid outbursts or emotional reactions during proceedings.
Your attorney will guide you through the process and ensure that your defense is presented clearly and effectively.
9. Be Mindful of Public Perception
In today’s digital age, accusations can spread quickly, potentially damaging your reputation. Avoid posting about your case on social media, as anything you share could be used against you.
Important: Encourage friends and family to avoid discussing your case publicly. Maintaining discretion is essential to protecting your personal and legal interests.
10. Focus on the Long-Term Impact
A domestic violence conviction can have lasting consequences, including difficulty finding employment, losing custody of your children, and restrictions on owning firearms. Even if the charges are dismissed, the accusation alone can harm your reputation.
Take Proactive Steps:
Comply with all legal requirements, such as attending counseling or anger management classes if ordered by the court.
Consider seeking therapy or support groups to address the emotional toll of the situation.
Rebuild trust and stability in your personal and professional life.
Facing a domestic violence accusation can be overwhelming, but you don’t have to navigate it alone. By staying calm, seeking legal representation, and following the steps outlined above, you can protect your rights and build a strong defense.
If you’ve been accused of domestic violence in Wisconsin, Gerard Law Firm is here to help. Our team provides compassionate, skilled representation tailored to your unique circumstances. Contact us today for a confidential consultation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Gerard Law Firm. For advice regarding your specific legal situation, please contact a qualified attorney. If you wish to retain Gerard Law Firm, you must sign a formal agreement. Always seek professional legal counsel for advice tailored to your unique circumstances.