Domestic Abuse or Domestic Violence - What It Really Is
Many people mistakenly assume that “domestic abuse” or “domestic violence” is a charge in and of itself. However, in Wisconsin, “domestic abuse” is a modifier that gets added onto a charge. A modifier is a label added to a charge that sets off consequences that normally would not apply. So when does this modifier apply? Keep reading to find out.
When Does the Domestic Abuse Modifier Apply?
Under Wis. Stat. § 968.075(1)(a), it applies when the accused and the alleged victim:
- Are current or former spouses
- Are adults who live together or used to live together (such as a parent, adult child, sibling, roommate, or partner)
- Are adults who have a child together
The modifier does not apply when the people involved are dating partners who have never lived together and do not share a child.
What Does the Modifier Do?
- It imposes a $100 surcharge for each domestic abuse count.
- If the person has two domestic abuse convictions within a 10-year period, the domestic abuse repeater enhancer may apply, increasing the maximum penalty the person faces.
- If the underlying offense involves the use of force, the person will be prohibited from ever possessing a firearm under federal law, even if the person is not a felon.
- It invites scrutiny from potential employers, landlords, and even immigration authorities based on the label alone, without knowing the underlying facts.
Domestic Abuse Charges in Wisconsin: The Mandatory Arrest Rule Explained
If police have reasonable grounds to believe someone committed domestic abuse, the act is a crime, and there is either physical injury or a likelihood of more abuse, they must arrest. No one at the scene, including the victim, can stop the arrest. The statute requires it. After the arrest, a 72-hour no-contact period applies. The victim may waive the 72-hour no-contact period. Waiving it does not mean the accused will not be formally charged by the District Attorney’s Office. Only the District Attorney’s Office has discretion over whether to issue charges.
After the Arrest
The accused is taken to jail and booked, and the 72-hour no-contact period begins. A referral is sent to the District Attorney’s Office for review, and the office then decides whether to issue charges. The victim does not control the case. Recanting, refusing to cooperate, or asking to “drop the charges” does not end the case. If charges are issued, the defendant appears before a court commissioner who will set bail and any conditions of release. The case then proceeds, with future court dates scheduled.
What to Do If You’re Facing a Domestic Abuse Charge
A domestic abuse arrest moves fast, and the choices you make in the first few days can follow you for years. If you or someone you love has been arrested:
- Follow every no-contact order, even if the other person reaches out first. A text, a call, or a message through a friend can lead to new charges, and “they contacted me” is not a defense.
- Don’t talk about the case with police, the other person, or on social media. Anything you say can be used against you.
- Save everything. Texts, photos, call logs, and the names of anyone who saw what happened. Evidence disappears quickly.
- Don’t count on charges being “dropped.” In Wisconsin, the prosecutor decides whether the case goes forward, not the person who called the police.
- If you are not a U.S. citizen, get advice before you plead to anything. A domestic abuse conviction can affect your immigration status, even if you have a green card. A plea that looks like a good deal in criminal court can be a disaster in immigration court.
- Talk to a lawyer as early as possible. Early advice can shape bail conditions, protect your rights at a restraining order hearing, and open options that disappear later.
Every case is different. If you’re facing a criminal charge in Wisconsin, De Leon Law Office, LLC can review your situation and explain your options, including how a case could affect your immigration status. We speak Spanish. Hablamos español. Contact us to schedule a consultation.