Arrested Under Suspicion of Domestic Abuse

 Posted on November 03, 2023 in Criminal Law

Police are required to make an arrest if, while investigating a disturbance call, they find reasonable evidence to support domestic battery. They must also believe that the abuse is likely to reoccur, have physical evidence of abuse as exhibited on the accuser, or suspect the defendant is the predominant aggressor in the situation. In these circumstances, it is beneficial to seek out legal assistance immediately. A lawyer who has proven capable in domestic abuse defense cases can help defend your rights in a court of law.

How Can Police Believe I Am the Predominant Aggressor?

There are six determinations that police must consider to qualify you as the predominant aggressor in domestic abuse incidents:

• History of abuse between the two parties
• The fear of the accuser(s)
• The degree of the injury or injuries of the accuser(s)
• Other possible threats you have made to other parties that may or may not be present at the time of the arrest
• If self-defense was required and acted upon by the accuser or another person on the accuser’s behalf
• Witness statements testifying to the abuse in favor of the abuser

What Do I Do If I Have Been Arrested Under Suspicion of Domestic Abuse?

The accused must stay away from the accuser and their place of residence for 72 hours after the arrest. A defendant accused of domestic abuse will not be released until first seeing a judge or posting bail. Therefore, it is highly recommended you request a lawyer immediately following the arrest. Employing an attorney with experience and a solid understanding of the charges you may face can only benefit your defense.

Even if you are not arrested following an alleged domestic abuse incident, the officer is required by law to write a report and submit it to the county’s district attorney (DA). The DA will then review it and determine whether or not you should face criminal charges.

Accusations of domestic violence can be taxing on your mental state and create strenuous relationships with family and friends. It can even result in being fired from your place of employment, forcing you to find a new residence, and causing potential damage to your reputation. This, in addition to any possible penalties you could face if convicted of domestic abuse.

Under no circumstances should you discuss your domestic issues with anyone other than your legal representation. Anything you say can and likely will be used against you during future court proceedings, if applicable.

Contact a Waukesha County, WI Criminal Defense Attorney

Wisconsin takes accusations of domestic abuse very seriously. As such, it is in your best interest to have a skilled Muskego, WI domestic abuse defense lawyer in your corner. Bucher, Wolff & Sonderhouse, LLP has the experience and competency required to defend you and your rights when facing allegations of domestic abuse. Contact our office at 262-232-6699 any time of day for a free consultation where we can go over your case and come up with a solid defense strategy.