Domestic Violence Attorneys West Bend office (near the Museum of Wisconsin Art)

Domestic Violence Modifier in Ozaukee & Washington

In Wisconsin, domestic abuse or domestic violence are not criminal charges in and of themselves.  A person can, however, be charged with a modifier or enhancer listed as domestic violence, which creates extra penalties such as permanently losing your 2nd Amendment firearm rights.  To be charged with the domestic violence modifier means that the other party involved in the altercation is someone you have or previously had a domestic relationship with. A domestic relationship requires either current or previous cohabitation, marriage, or someone with which you have children in common.

Being convicted of an offense with a domestic violence modifier means that you will permanently lose your right to possess a firearm.  The permanent loss of your 2nd Amendment firearm rights is a federal prohibition and can be applied even without the domestic violence modifier.  To be barred from possession of a firearm without a domestic violence modifier attached to your case, the facts within your case must allege “the use or attempted use of physical force, or the threatened use of a deadly weapon” and you must be convicted of a criminal offense based on those facts.  Frequently when entering into a plea agreement on a criminal case, the defendant is asked if they are stipulating or agreeing to the fax as listed in the criminal complaint. Our Ozaukee and Washington County domestic violence attorneys have successfully had stipulated facts entered on the record to retain an individual's 2nd Amendment rights.

The charges where you will typically see a domestic violence modifier are

• disorderly conduct
• battery
• substantial battery
• criminal damage to property
• strangulation/suffocation
• false imprisonment
• child abuse

Some of these offenses are felony charges for which you would automatically lose your 2nd Amendment firearm rights upon conviction (substantial battery, strangulation/suffocation, false imprisonment and child abuse).  However, something as small as an argument in your house that an overly nosy neighbor overhears could result in a disorderly conduct charge, and you may still face the loss of your 2nd Amendment firearm rights.

Domestic Violence Penalties

The penalties that can be imposed for typical domestic violence modified charges are: 

• on disorderly conduct: maximum 90 days in jail and a $1000 fine
• on battery or criminal damage to property: maximum 9 months in jail and a $10,000 fine
• on substantial battery, false imprisonment, strangulation/suffocation or child abuse: up to 6 years in prison and a $10,000 fine

Beyond your 2nd Amendment firearms rights, a domestic violence modifier also increases your financial penalties and includes a mandatory court cost that can only be waived in situations where the “cost will have a negative impact on the offender’s family.”

If the police are called to the scene of a suspected domestic violence situation in Ozaukee or Washington counties, someone will be taken into custody. The person taken into custody is based on the officer’s belief regarding the primary aggressor, whether there is history of abuse, any visible injuries, and if one of the parties is likely to continue the violence.

72-Hour No-Contact Order

Following an arrest in a domestic violence investigation, the party not taken into custody will be given the choice to enforce a 72-hour no-contact order. It is not uncommon for an officer in Ozaukee or Washington County to pressure the remaining party into enforcing the 72-hour no-contact order, if the no-contact order is enforced it can have a significant impact on the criminal case if charges are filed.  In domestic violence cases, the State frequently requests a no-contact order throughout the duration of the criminal case. If there was a waiver of the 72-hour no-contact order an experienced attorney may be able to successfully argue that a no-contact order is neither desired nor needed in the case.  Once a party wishes to waive the 72-hour no-contact order, they must sign a waiver form with the police.

Violating a 72-hour no-contact order is a class A misdemeanor, for which there is a maximum penalty of 9 months in jail, up to a $10,000 fine or both.

Criminal charges that are domestic in nature are incredibly serious, both your 2nd Amendment constitutional rights and your personal freedom are at risk.  Contact our award-winning Ozaukee and Washington County attorneys to review your case and put you in the best position to retain your rights and keep you out of custody.

You are only guilty if you are convicted™