In Wisconsin, the law mandates specific actions from law enforcement officers when responding to calls that involve domestic violence. Under Wisconsin Statute 968.075, officers are required to arrest an individual if they have reasonable grounds to believe that domestic abuse has occurred and that the individual’s actions constitute a crime. This requirement aims to protect victims from further harm and to address the issue of domestic violence proactively.

Key Factors Influencing Arrest Decisions

When determining whether to make an arrest, officers consider several critical factors:

• Likelihood of Continued Abuse: If the officer believes that not making an arrest would result in continued domestic abuse against the victim, an arrest is likely.
• Evidence of Physical Injury: Visible injuries to the victim significantly increase the likelihood of an arrest, as they provide clear evidence of abuse.
• Predominant Aggressor: Officers are tasked with identifying the predominant aggressor in a situation. This determination is crucial, as the law generally discourages the arrest of individuals other than the predominant aggressor unless specific exceptions apply.

The Role of Predominant Aggressor Determination

The concept of the “predominant aggressor” is central to the arrest decision in domestic violence incidents. This determination goes beyond simply identifying the initial aggressor. Instead, it considers the entirety of the circumstances, including the history of domestic violence between the parties, the severity of injuries inflicted, and potential self-defense claims. The goal is to ensure that the individual most responsible for the violence is the one arrested, thereby minimizing instances of victim arrest.

After an Arrest: What to Expect

Following an arrest for domestic violence in Wisconsin, several steps typically occur, including:

• Bail or Signature Bond: The arrested individual may need to post bail or be released on a signature bond after appearing before a judge.
• No Contact Order: A common condition of release is a no-contact order with the alleged victim, typically lasting a minimum of 72 hours. Violating this order can lead to additional charges.

Legal Representation for Domestic Violence Charges

Given the serious implications of a domestic violence arrest and potential conviction, securing experienced legal representation is critical. At DK Anderson, S.C., our attorneys specialize in defending against domestic violence charges, recognizing the profound impact these allegations can have on individuals’ lives. Our commitment is to provide a robust defense, ensuring our clients’ rights are protected throughout the legal process.

If you find yourself or a loved one facing domestic violence charges in Madison, WI, or elsewhere in the state, do not hesitate to seek the support and guidance of skilled legal professionals. Contact us for a comprehensive case evaluation and to learn more about how we can assist you in navigating these challenging circumstances.