While domestic violence is not a charge in itself, allegations of domestic abuse enhance criminal charges and are highly contested. Regardless of how an argument might have unfolded, when police are called out to resolve a domestic dispute, someone is likely to go to jail, and the person accused will need a strategic defense.

At Nelson Defense Group, we defend the rights and freedoms of people facing all types of domestic violence charges in Wisconsin. We understand that being accused is life-changing, for your wellbeing, your relationships, and your freedoms. Our attorneys are here to support and advocate for you in this time of crisis.

Telling your side of the story

Our trial attorneys develop theories of defense to help our clients avoid incarceration and other serious penalties. We have a long record of securing not guilty verdicts and successfully getting criminal charges reduced or dismissed. We can also advise as to whether reaching a resolution through pre-trial negotiation, rather than going to trial, is the best way to protect your rights and freedom.

We defend clients charged with crimes related to domestic violence, including:

• Strangulation and Suffocation
• Stalking
• False imprisonment
• Disorderly Conduct
• Battery
• Violation of restraining orders or no-contact orders
• Criminal damage to property
• Sexual assault 

Whatever your situation may be, it is generally advisable to exercise your right to remain silent until you can speak with an experienced criminal defense lawyer. For more on choosing a lawyer for your case, please see our overview of what to look for in a criminal defense attorney.

What should I do if I’ve been accused of domestic violence?

If you are ever in the unfortunate position of being investigated for or accused of domestic violence, you should remain silent and request to speak with an attorney at your first available opportunity. Charges that contain a domestic violence enhancer carry additional potential consequences, and it is important to understand the effects this could have on your life if convicted. While it can be tempting to tell your side of the story or ask questions, it is always in your best interest to remain silent until you have had time to have an attorney present. We also advise that people being investigated or charged not discuss the investigation or charges even with their closest friends and family. Your communication with them is not protected, and they can be compelled to testify about anything you say to them. The only conversations about your case that are protected are with your attorney. We will be here to talk through your case with you, and we want you to have every opportunity to challenge the case.  

Sometimes, law enforcement may approach you with promises to help you take care of your case if you share your side of the story or implicate others in the crime. Never speak to law enforcement without talking to your attorney first. Anything they can do for you should still be available when your attorney is present. If they will only talk to you alone, they are not acting in your best interests; they are simply trying to get you to talk to build a case against you. 

What is considered a crime of domestic violence in Wisconsin?

In Wisconsin, domestic violence is not the title of a specific crime with specific elements. When this term is used, people are sometimes referring to the Domestic Abuse Surcharge, which is part of the charges listed in the complaint. A Domestic Abuse Surcharge is added to other charged crimes like Battery or Disorderly Conduct if the alleged behavior takes place between persons who are or have ever been married, are residing or have resided together, or if they share a child. The Domestic Abuse Surcharge increases the amount of the fine you will have to pay if you are convicted.  

Domestic abuse is defined by statute in Wisconsin as the intentional infliction of pain, physical injury or illness, intentional impairment of a physical condition, sexual assault or other physical act which would cause the other person to fear that dometic abuse is imminent if the alleged behavior takes place between persons who are or have ever been married, are residing or have resided together, or if they share a child. There is a specific list of crimes in the Wisconsin Statutes regarding which crimes can be considered domestic abuse if the relationship between the parties
existed or exists.  

Convictions for crimes of domestic violence can have consequences that could affect your rights - including your Second Amendment right to possess a firearm. It is important to have someone who understands your unique circumstances and can properly advise you to ensure that any resolution keeps your rights in mind.

Are my Second Amendment rights at risk?

In Wisconsin, your Second Amendment right to own or possess a gun can be restricted when an Injunction is ordered for Domestic Violence, regardless of whether there is a criminal case. Injunctions, sometimes referred to as Restraining Orders, are civil matters and separate from, but sometimes happen at the same time as, criminal charges.  

Federal restrictions also exist that restrict gun possession by anyone convicted of a misdemeanor crime of domestic violence. Because of the way that statutes are written in Wisconsin, whether the federal restriction will apply to you depends on the facts and details of your
Wisconsin conviction.  

Any time you are facing either domestic violence charges or have been served with a domestic violence injunction, it is wise to obtain an attorney to protect your ability to possess a firearm.

Will I be arrested even if it was just an argument?

Wisconsin does have a mandatory arrest law in some situations where domestic violence is suspected. Law enforcement is told that they must arrest someone if they have reasonable grounds to believe that someone has committed a criminal act of domestic abuse, and it is reasonable that continued abuse is likely, there is evidence of physical abuse, or the person suspected is the predominant aggressor.

There is guidance given on identifying which person is the predominant aggressor, and law enforcement frequently elects to follow the mandatory arrest law. At Nelson Defense Group, we understand that just because someone is identified as the predominant aggressor by law enforcement, there is usually much more to the story, which would help a jury understand the history and context of any conflict. We are here to listen to you and help you tell your story.

Can domestic violence charges be reduced or dismissed?

Domestic violence cases are highly specific to each incident and the parties involved. Because, by definition, these are conflicts that happen between people who have or have had close relationships, the dynamics can vary significantly from one case to the next. In every case, discussions can take place regarding whether a plea agreement can be reached that will reduce the charges and provide recommendations for sentencing.  In some cases, it may even be possible to argue that your case should be dismissed entirely.

We work hard to help the prosecution see the weaknesses in their case and understand the reasons why they will not be successful if the case goes to trial. Sometimes we can suppress evidence, which leaves them unable to prove their case at trial. Either way, we will make every attempt to make it difficult or impossible for the state to proceed to trial.  In some cases, once we have done our part, they can conclude on their own that going to trial is not in the interest of justice, and they will reduce or dismiss their case.

Should I speak to the police before contacting a lawyer?

Situations where domestic violence is alleged or suspected can be highly charged emotional situations.  It may be very tempting to want to be heard regarding your side of the story. For many reasons, it can be more harmful than helpful to talk to law enforcement at the point of investigation or arrest. Our advice is to remain silent and request to speak with an attorney at your first available opportunity. We also advise that anyone being investigated or charged not discuss the investigation or charges even with your closest friends and family. Your communication with them is not protected, and they can be compelled to testify about anything you say to them. The only conversations about your case that are protected are with your attorney. We will be here to talk through your case with you, and we want you to have every opportunity to challenge the case.  

Sometimes, law enforcement may approach you with promises to help you take care of your case if you share your side of the story or implicate others in the crime. Never speak to law enforcement without talking to your attorney first. Anything they can do for you should still be available when your attorney is present. If they will only talk to you alone, they are not acting in your best interests; they are simply trying to get you to talk to build a case against you. 

What penalties could I face if convicted of domestic battery?

Battery, or simply causing bodily harm to another person without their consent, starts as a misdemeanor with a maximum penalty of up to 9 months of jail and up to a $10,000 fine. This can increase to a felony level charge with substantially increased penalties; however, if one of many circumstances is present, including substantial bodily harm such as a broken bone, need for stitches, loss of consciousness, etc. Penalties can also increase depending on the level of harm you intended at the time, not just the harm caused. When a Battery occurs between people with a domestic relationship, Domestic Repeater Enhancers or Domestic Abuse Surcharges may be added to your list of possible penalties as well.

Battery is a case where the defense frequently builds its theory on a claim of self-defense. In situations where people get physically involved with each other in violent ways, there is usually a lot of context and information regarding how and why the situation got to where it did, particularly when the parties have a domestic relationship. When assigning responsibility for harm, it is critical to look at the role all parties played in what went wrong and not simply listen to the person who happened to get hurt or call law enforcement.

Because there are so many factors that can go into specific allegations of battery and claims of self-defense, as well as the substantial penalties that can be involved, it is important to have an attorney in your corner who has experience with all kinds of battery cases and can tailor a theory of defense to your specific circumstances.

How can Nelson Defense Group help with my defense?

Nelson Defense Group is here to listen to all of the particular facts of your case and your relationship and understand the theory of defense that supports your perspective.  A careful review of the evidence that supports you and your story is necessary to build the best defense possible.  We are here to understand not only what took place on any particular day, but to understand all the dynamics of your particular situation.

Is it possible to avoid jail time with a negotiated plea?

Yes. While every case is different, some of the common benefits of plea agreements are a reduction in the number or seriousness of the charges as well as recommendations for a sentence that you can manage. Reducing or eliminating jail time is one of the biggest components of plea agreements because losing your liberty can have such enormous impacts on work, family, and maintaining the things you have going for you in your life. While recommendations from prosecutors are only recommendations and the judge is not required to follow them, judges tend to give serious weight to the negotiations reached by the parties and will generally try to follow them when they can.

What should I look for in a domestic violence defense attorney?

When facing charges of a crime of Domestic Violence, we understand that they involve some of the most intimate relationships in your life. For your defense, you should look for an attorney who listens to you, considers your perspective in any conflict, reviews evidence to support your theory of defense, and considers every potential effect an outcome could have for your future. Every person and every relationship is different, and what is good for one individual may not be right for another. We strive to understand not only you but the dynamics in your relationship and your needs moving forward from an incident so that we can help you craft an outcome that is best for you.