Frequently Asked Questions
What should I do if I’ve been arrested for domestic abuse?
If you find yourself in this situation, it is important to seek legal assistance as soon as possible. An attorney can help you understand the charges against you and work to create a strong defense. It is also essential to avoid contact with the alleged victim in the case. This means no communication through phone calls, text messages, social media, or any other means. If you have been ordered to stay away from the victim, it is important to adhere to this order and to not violate it in any way. Violating a restraining order can lead to additional charges and penalties.
If you are facing domestic abuse charges, it is important to take them seriously and work with an experienced attorney who can help you protect your rights. The penalties for domestic abuse can be severe, so it is important to have a strong defense. Contact Fenton Law Office of Milwaukee today to learn more about your rights and how to defend against the charges.
What is considered domestic abuse in Wisconsin?
In general, domestic abuse is a pattern of coercive and controlling behavior that one person uses against another in an intimate relationship. Domestic abuse can take many forms, including physical, sexual, emotional, economic, and psychological abuse. It can occur in heterosexual and same-sex relationships and between current or former partners.
In Wisconsin legal terms, “domestic abuse” refers to any type of physical abuse perpetrated by a spouse, former spouse, or co parent against another. This can include infliction of physical pain or injury, sexual assault, or a physical indication that any of the above may occur in the future. Police officers responding to domestic calls are encouraged to make an arrest in any situation where they believe physical violence has occured and/or may continue to happen. For this reason, many innocent people are wrongly charged with domestic abuse.
What happens if the police are called to respond to domestic abuse?
If the police are called to respond to domestic abuse, they will talk to the victim and the abuser. They will try to determine what happened and if there is any evidence of abuse. If they believe that a crime has been committed, they will arrest the abuser. The abuser will then be taken to jail and will be required to post bail. Wisconsin police are required to arrest the abuser if they have a reasonable suspicion that domestic abuse has occurred and/or will continue to occur in the future. If they respond to a domestic abuse call and do not make an arrest, they are required to write a report. For this reason, arrests may be made that should not have been made or in situations where nuances exist that may exonerate a defendant. An experienced domestic abuse defense attorney can help you if you are a defendant facing this type of situation.
What can a criminal defense attorney do to help someone accused of domestic violence?
First and foremost, a criminal defense attorney can offer an accused individual the best chance at a fair trial. He or she will investigate the facts of the case, identify any potential defenses that may be available, and work tirelessly to ensure that his or her client receives a fair shake in court. Additionally, a criminal defense attorney can help an accused individual to understand the charges against him or her, the potential consequences of a conviction, and the options that may be available for resolving the case outside of court. A criminal defense attorney can provide invaluable support and guidance to an accused individual throughout the entire process, from arrest through trial. If you are found guilty, an experienced Milwaukee domestic violence defense attorney can help you understand your options for appeal and assist in this process if necessary. If you have been accused of domestic violence in Milwaukee, contact Attorney Jay Fenton today.