Do Police Have To Arrest Someone For Domestic Violence

Do The Police Have To Arrest Someone When Responding To A Domestic Violence Call?

Do The Police Have To Arrest Someone When Responding To A Domestic Violence Call?

In Wisconsin, if a police officer believes that an act of domestic abuse has occurred, he or she is required by statute to make an arrest. Specifically, the officer will make an arrest if he or she believes continued abuse is likely or if there is evidence of physical injury to the victim. The officer will arrest the individual who they consider the predominant aggressor. If you are arrested, you will have to make bail or be released on a signature bond after seeing a judge. Furthermore, you will likely be restrained from making contact with the alleged victim for a minimum of 72 hours. In most cases, a condition of your bond will include a no contact order. If you violate that no contact order you may face additional charges.


Wis. Stat 968.076 states the following:

(2) Circumstances requiring arrest; presumption against certain arrests.(a) Notwithstanding s. 968.07 (1) and except as provided in pars. (am) and (b), a law enforcement officer shall arrest and take a person into custody if:

1. The officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person’s actions constitute the commission of a crime; and

2. Any of the following apply:

a. The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely.

b. There is evidence of physical injury to the alleged victim.c. The person is the predominant aggressor.

(am) Notwithstanding s. 968.07 (1), unless the person’s arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (3g) (b) or sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor.

Domestic Violence Attorney in Madison, WI

The attorneys at DK Anderson, S.C. have represented countless individuals accused of domestic violence. A domestic violence conviction has significant consequences both in courts as well as in everyday life. If you are facing a domestic violence charge contact us today. We always offer a free case evaluation.

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