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The penalties that can be imposed for typical domestic violence modified charges are a maximum of 90 days in jail and a $1,000 fine for disorderly conduct, a maximum of 9 months in jail and a $10,000 fine on battery or criminal damage to property, and up to 6 years in prison and a $10,000 fine on substantial battery, false imprisonment, strangulation/suffocation or child abuse.
If you are facing domestic violence charges in Ozaukee or Washington County, call Grieve Law's criminal defense attorneys for a free consultation.
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.
Disorderly Conduct Charges in Ozaukee & Washington Counties
Disorderly conduct is one of the most frequently charged offenses in domestic-related cases. It’s a Class B misdemeanor in Wisconsin, carrying a penalty of up to 90 days in jail, a $1,000 fine or both. Though some cases are issued as non-criminal citations, criminal charges are more likely when police respond to a domestic call.
What Is Considered Disorderly Conduct?
The legal definition covers a broad range of behavior: violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly actions. Officers often rely on the vague “otherwise disorderly” label to issue charges after verbal disputes or arguments.
To convict, prosecutors must prove two elements:
- The behavior matched the statutory definition and/or
- The behavior caused or provoked a disturbance, based on how a reasonable person would react under the actual conditions present.
Common examples include shouting matches, swearing, threats, or overly loud behavior during arguments. The law’s flexibility means a wide range of conduct can qualify as disorderly, even if no physical contact occurred.
When Disorderly Conduct Becomes Domestic
Many disorderly conduct charges involve a domestic violence modifier. This applies when the individuals share (or once shared) a domestic relationship, such as cohabiting partners or parents of a shared child. If the modifier applies, penalties go beyond jail time or fines. A conviction can result in permanent loss of firearm rights and a domestic abuse label on your record.
The state can still prosecute even if the alleged victim does not want to press charges. In domestic cases, the district attorney represents the interests of the public, not the individual involved.
Battery Charges and Penalties in Ozaukee & Washington County
Battery charges in Wisconsin fall into three categories, each with distinct definitions and penalties:
- Battery: Intentionally causing bodily harm to another without consent. This is a Class A misdemeanor, punishable by up to 9 months in jail and a $10,000 fine.
- Substantial Battery: Intentionally causing substantial bodily harm. Charged as a Class I felony with penalties of up to 3.5 years in prison and a $10,000 fine.
- Aggravated Battery: Causing great bodily harm with intent. A Class H felony applies if there was intent to cause bodily harm (up to 6 years in prison, $10,000 fine). A Class E felony applies if there was intent to cause great bodily harm (up to 15 years in prison, $50,000 fine).
A battery conviction stays on your record and can affect employment, housing, and reputation. The statute of limitations for misdemeanor battery in Wisconsin is 3 years from the incident date.
Grieve Law attorneys work to challenge evidence and reduce or dismiss charges. Whether the situation involved self-defense, misidentified injuries, or lacked intent, our defense strategy focuses on protecting your rights and future.
Strangulation Charges in Ozaukee & Washington County
Strangulation is a Class H felony in Wisconsin, punishable by up to 6 years in prison and a $10,000 fine. A second offense becomes a Class G felony with penalties reaching 10 years and $25,000. In many cases, strangulation is charged with a domestic abuse modifier, which can lead to additional consequences like the permanent loss of firearm rights.
Wisconsin law defines strangulation as intentionally impeding another person’s breathing or circulation by applying pressure to the throat or neck or by blocking the mouth or nose. The state does not need to prove injury, death, or loss of consciousness—only the restriction of normal breathing to some degree.
A strangulation conviction will stay on your record for life. If the incident occurred during an act of self-defense and any breath restriction was brief and unintentional, you may have a strong legal defense. Grieve Law attorneys will evaluate the facts, challenge the evidence and build a case to beat the charge and protect your future.
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™
How long does domestic violence stay on my record?
A domestic violence charge will remain on your record unless it is expunged by the court or pardoned by the Governor’s office. Some domestic violence offenses may be eligible for expunction under certain circumstances. However, the record of the arrest will remain available for view to the police department, courts and other agencies. Additionally, many websites will post information regarding people arrested for domestic violence offenses. You may find yourself faced with the embarrassment of your friends and family finding out about your domestic violence conviction through public records searches many years after the incident occurred. The impact of a domestic violence conviction far exceeds fines and jail time. The damage a domestic violence conviction can have on your reputation may be irreparable.
How to beat a domestic violence charge
Domestic violence charges often arise in two different ways. One way domestic violence charges arise is through fabrication or exaggeration of the story told by the alleged victim in your case. The other way domestic violence cases are often charged is when the violence occurs as an act of self-defense. Our experienced domestic violence attorneys in Ozaukee & Washington will review your case and the evidence the State intends to use against you to determine the best way to challenge the allegations.
Keep in mind that even if the victim in your case decides they do not want to proceed with charges, the state can continue with the prosecution of your domestic violence case even without the cooperation of the victim. Contact our Ozaukee & Washington domestic violence attorneys to protect your future from false domestic violence claims.
