Legal Question in Criminal Law in Wisconsin

My husband was arrested for domestic violence and has an initial hearing friday. Should I go or not? Also how likely is it that I will need to testify?


Asked on 4/16/13, 9:29 am

1 Answer from Attorneys

JAY Nixon nixon law offices

If you wish to continue residing together with your husband, your husband should immediately retain an experienced criminal lawyer, who will advise on whether it would help him or hurt him for you to be present (or absent) from the first hearing. It is common for courts to order one party of house at the time of the first hearing in order to prevent future injuries, at least until both parties have had some sort of counseling. It is also possible that he has already been ordered to leave and might therefore be violating a court order, which could lead to additional bail violation charges. Your lawyer can easily verify the bond conditions as soon as you retain him. Although formal testimony is unlikely at the first hearing, the court may question you regarding bond related issues at that time. This can easily turn into a disastrous line of questioning for your husband if you and he are without legal assistance. Of course, any time that you are served with a subpoena, attendance would become mandatory for you, but it is technically not mandatory without a subpoena.Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com. View over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials.

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Answered on 4/16/13, 10:24 am


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