Domestic Violence Laws & Resources in Wisconsin
Wisconsin’s laws for domestic violence are unique. Here’s what you need to know about Wisconsin domestic violence laws & resources.
Domestic violence is a serious crime in Wisconsin. The most common charges of domestic violence in Wisconsin are battery and disorderly conduct. The penalties for these crimes depend on the severity of the crime.
Domestic Violence in Wisconsin
Wisconsin law defines domestic violence as an adult engaging in intentional infliction of physical pain, injury or illness, sexual assault, or physical acts against their current or former spouse, current or former habitant, or co-parent. Surprisingly, Wisconsin does not have a specific law prohibiting domestic violence. Instead, the state prosecutes domestic violence using the same statutes as battery, sexual assault, kidnapping, and homicide.
In Wisconsin, a police officer must arrest and take into custody the alleged abuser. In addition, the arrested alleged abuser must avoid contacting the alleged victim and cannot present themselves at places the alleged victim is at for at least 72 hours after the arrest. Of course, this rule only applies if the authorities release the arrested abuser from custody. Anyone who violates this rule could face punishments up to 9 months of imprisonment and/or a fine of up to $10,000. However, the alleged victim can sign a waiver to waive the 72-hour no-contact prohibition.
Related: Domestic Violence During COVID-19
Another unique law in Wisconsin requires convicted abusers to pay a $100 fee to the court for domestic violence. The state uses the fee to provide grants to domestic abuse service organizations.
Battery Penalties in Wisconsin
One of the most common charges of domestic violence in Wisconsin is battery. The state divides battery into three different types, ranging from least to most severe.
Battery is the least serious type of battery. Wisconsin defines battery as intentionally causing bodily harm to another without the victim’s consent. The state classifies the crime as a Class A misdemeanor, with penalties of up to 9 months in prison and a fine of up to $10,000.
Substantial battery is the second type of battery. Wisconsin defines substantial battery as intentionally causing substantial bodily harm to another. The state classifies the crime as a Class I felony, with penalties of up to 3.5 years in prison and a fine of up to $10,000.
Aggravated battery is the most serious type of battery. Wisconsin defines aggravated battery as causing great bodily harm to another. The state classifies the crime as either a Class H or Class E felony. A Class H felony is harm with the intent to cause bodily harm and is punishable up to 6 years in prison and a fine of up to $10,000. A Class E felony is harm with the intent to cause great bodily harm and is punishable up to 15 years in prison and a fine of up to $50,000. Typically, Wisconsin will classify harm to an elderly at least 62 years old or a person with a physical disability as a Class H aggravated battery.
Restraining Orders for Victims of Domestic Violence in Wisconsin
In Wisconsin, domestic violence victims may file a petition for a restraining order with an appropriate court to require the respondent to stay away from them. Different from many states, Wisconsin requires a petitioner to first file a Petition for Temporary Restraining Order. Once the court grants a temporary restraining order, the court will hold a hearing and issue a final order if necessary.
Related: Why Do Domestic Violence Victims Stay?
The court can only issue a restraining order if the respondent has committed or may commit domestic abuse. An order will prohibit the respondent from doing the following to the petitioner:
- Commit domestic abuse,
- Go to the petitioner’s residence,
- Contact or have anyone else contact the petitioner (unless the petitioner says otherwise in writing), and
- Prohibit any other appropriate relief requested.
Resources for Domestic Violence in Wisconsin
Although Wisconsin has different domestic abuse programs specific to each county for victims, the largest organization in the state is End Domestic Abuse. The agency has many programs throughout Wisconsin to provide different resources for victims. The agency provides resources including advocacy services, emergency shelters, transitional housing, support groups, legal advocacy, and crisis services.
In addition, Wisconsin has many 24/7 crisis lines for alleged victims of domestic violence to call. All calls are confidential and free.
FAQs About Wisconsin Domestic Violence Laws & Resources
How long does a domestic violence charge stay on an individual’s record in Wisconsin?
An individual with a domestic violence charge in Wisconsin will have the charge remain on their record for life, no matter the number of prior offenses.
How long do restraining orders last in Wisconsin?
A temporary restraining order will last up to 14 days, but a victim can request to extend the order once for 14 days more. A final restraining order will last up to 4 years.
In Wisconsin, can a victim drop a domestic violence charge?
The court will dismiss a domestic violence charge if the alleged victim does not show up to court or participate in the prosecution.
Contact Us
If you or a loved one would like to learn more about Wisconsin Domestic Violence Laws & Resources, get your free consultation with one of our Domestic Violence Attorneys in Wisconsin today!