Legal Question in Criminal Law in Wisconsin

Domestic Violence Definitions in WI

Unfortunately, the rule of thumb" these days tends to be that when the police are called to a domestic dispute, "someone" gets arrested. Who it will be is often difficult to predict, but frequently it ends up being the party who gives the police the harder time after they arrive, or the party who admits to any act of aggression such as shoving the other resident. The best way to avoid becoming a victim of such unpredictable arrest policies is to not call the police and to not give anyone else in the neighborhood (or household) any reason to call them. Such arrests generally lead to formal charges against one or both participants in the dispute, ranging from disorderly conduct to battery to resisting arrest. The charges are often based upon statements made at the scene in situations which are emotionally charged, and which ultimately turn out to have been exaggerated. The basic crime of battery in WI is defined as causing injury to another by an act done with intent to injure and without consent, although there are a hundred variations of the "base model" crime. To be defined as "domestic," the situation need only occur between residents of the same premises. Fortunately, before anyone can b convicted of battery or any other crime, the constitution requires that each of these elements be proven beyond a reasonable doubt to a twelve person jury. The jury must also reach a unanimous verdict in order to convict, so bad cases often fall apart at this stage of the prosecution. In fairness to authorities, such arrest policies and prosecutions are well intended--they are designed to force a change in the household situation such as getting an alcohol or anger management problem under control or in motivating a long overdue separation and preventing future violence. There is evidence that these policies have been successful in reducing levels of intentional injury within households. This is because these arrests and prosecutions sometimes force recognition of personal problems which truly need to be addressed.