Domestic Violence Attorneys in South Central Wisconsin If You've Been Charged With Domestic Violence, You Need An Attorney

Domestic Violence charges in WI range from non-criminal citations up to felony-level offenses with serious penalties:

  • Up to 15 years in prison
  • Fines up to $50,000
  • You could be forced to leave your home
  • Not allowed to have contact with your children
  • Lose your firearm rights for the rest of your life
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Arrested for domestic violence in Wisconsin: What you need to know

You may be convicted — whether or not the victim wants to press charges
 
Domestic violence charges often occur in one of two ways:
 
  • You & your significant other were having a dispute and things got out of hand. But the cops are called and now one of you is facing charges that could impact the rest of your lives.
  • The police were called & your significant other/ex/roommate made allegations that are exaggerated or completely untrue.


The alleged victim may agree the whole situation was blown out of proportion. In most domestic violence cases the alleged victim wants to drop the charges. If the alleged victim is pressing charges you may need a different strategy to handle your case.

The charges are The State of Wisconsin versus the person charged, not the victim versus the person charged. The victim is no longer in control of the case once police make an arrest for domestic violence charges and those charges are filed.

How Do I Get Domestic Violence Charges Dropped?

Law enforcement officers in Wisconsin are legally required to make an arrest if the arresting officer has reasonable grounds to believe:

  • the person is committing or has committed domestic abuse and the person’s actions constitute a crime
  • continued domestic abuse against the victim is likely, there is evidence of physical injury to the victim, or the person to be arrested is the predominant aggressor

Police officers MUST arrest the person determined to be the predominant aggressor. The predominant aggressor is not always the person who started it but is the most significant aggressor in a domestic abuse incident. Someone will probably be arrested if police are called to the scene of an alleged domestic incident.

The victim may want to drop charges but that won’t necessarily happen. The State can proceed with charges using other evidence and witnesses even if the victim chooses not to show up to court.

This does not mean you don’t have options. In cases of domestic violence in Wisconsin, it is very important to have a skilled, experienced domestic violence attorney on your side to help navigate the system. Your attorney must work to challenge the case against you if the state refuses to drop charges.

Will My Case Go To Trial?

Not all domestic violence cases go to trial. In WI only about 4% of all cases go to trial.

The State is often relying on testimony from the victim to prove certain elements of the case. The State will often use the alleged victim’s account of what happened, any recordings of the victim’s statement, any photographs or videos taken, and any observations made by the responding officers as evidence to try to convict you of the crimes you are charged with.

Does the victim have to testify if they want to drop the charges?

If the State issues a subpoena to the alleged victim in your case, the victim is then court-ordered to appear at the trial and give testimony. In many cases, the victim does not want to proceed with the case and wants to drop the charges. In those situations, the best thing for you to do is hire an attorney who has experience dealing with domestic abuse cases.

Failure to appear on a subpoena can lead to criminal charges for the victim, so there are better ways to handle your case. An experienced attorney can guide you through the process of negotiating with the prosecutor to make sure they are aware that the victim does not want to proceed, and to point out the flaws in their case.

Can there be a domestic violence trial without a victim?

In many cases, the alleged victim will decide not to participate in the prosecution and not show up for court. That could mean the prosecution would not be able to proceed with the case and would dismiss the charges.

That is not always what happens. The State can use other evidence, including audio recordings, observations by officers, and other witnesses to try to prove the case against you.

Can I get a Plea Bargain?

In most cases, the prosecution will offer a plea bargain to a person charged with domestic violence in Wisconsin to resolve their case without going to trial. In some situations, accepting a plea bargain can be a good idea. Depending on the evidence against you and the potential penalties involved, an experienced attorney can negotiate an outcome that will significantly benefit you.

Plea bargains are not without risk. Most plea bargains require you to admit to something. That something is not always criminal charges, and it may not be a domestic violence offense. But most of the time, you will have to admit to some conduct that will lead to a conviction.

How to Reduce Penalties from Domestic Violence Charges

If you’ve been involved in a domestic violence incident and are facing charges, it is crucial to seek out a professional who knows how to help. 

Tom Grieve is recognized as one of the best criminal defense lawyers around Milwaukee and Madison. Distinguished as a “Top Criminal Defense Attorney in the Country” by Newsweek, Grieve Law is a firm you can trust. 

Whether you are facing a non-criminal citation or a felony-level domestic violence charge, the team at Grieve Law has the knowledge and experience to help reduce your penalties.