Legal Question in Criminal Law in Wisconsin
If a person though either mental abuse , overwork or both causes their spouse to have a miscarriage can that person be held criminally responsible?
1 Answer from Attorneys
Without some sort of physical attack, it would be difficult to ever prove in court what the cause of a miscarriage was to the level of certainty required for a criminal conviction. That being said, there are laws against disorderly conduct, stalking behavior or harassment in violation of a restraining order, which can always be prosecuted regardless of any medical consequences. Of course, the first step in commencing any criminal prosecution is always by making a formal complaint to law enforcement. That agency then makes the decision whether or not to refer the matter to the DA for formal prosecution.
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