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Is a Restraining Order Required After a Domestic Violence Arrest?

Posted on in Criminal Defense

milwaukee criminal defense lawyerBy: Attorney Jorge Fragoso

There are multiple different types of situations where a person may be accused of committing domestic abuse. These incidents are taken very seriously by law enforcement. If police officers are called to respond to domestic disputes or other situations where the safety of family members may be at risk, they may choose to arrest a person who is believed to have engaged in domestic violence. Those who are accused of committing these types of sensitive crimes may face criminal charges for battery or similar offenses. However, they will also need to understand when they may be subject to restraining orders or other limitations that will affect their lives and their relationships with their family members.

Arrests in Domestic Abuse Cases

While police officers in Wisconsin are not required to arrest a person after responding to a domestic violence incident, there are certain circumstances where officers may determine that an arrest is necessary. Generally, if an officer has a valid reason to believe that a person has violated the law by engaging in domestic abuse, they are required to perform an arrest if they reasonably believe that continued abuse is likely, if there is evidence that an alleged victim has suffered a physical injury, or if the alleged abuser is the primary aggressor in a domestic argument or disagreement.

After a person is arrested for domestic abuse, they usually cannot be released until they appear before a judge or post any bail that is required. Within the 72 hours after being arrested, a person will be prohibited from returning to the residence where the alleged victim lives or contacting that person in any way. However, an alleged victim may sign a waiver of this 72-hour rule that will allow the accused person to return to a shared residence and contact their family members.

Temporary Restraining Orders and Permanent Injunctions 

An alleged victim of domestic abuse may seek protections against further harm by requesting a restraining order. The petitioner will first be required to request a temporary restraining order, and a hearing will then be scheduled to determine whether an injunction will be necessary to put more permanent protections in place. Temporary restraining orders and injunctions may require the respondent to refrain from any further acts of domestic abuse and stay away from the petitioner’s home. A respondent may also be prohibited from contacting the petitioner or taking or harming a family pet.

Contact Our Milwaukee, WI Domestic Abuse Defense Attorneys

Responding to accusations of domestic violence can be difficult, and a person’s life may be turned upside down if a restraining order forces them out of their home and prevents them from speaking to their spouse, children, or other family members. Those who are in these situations will need to determine how to respond in order to protect their rights, defend against criminal charges, and maintain important family relationships. At Gimbel, Reilly, Guerin & Brown, LLP, we can provide legal representation in criminal cases or hearings related to temporary restraining orders and injunctions, helping those who have been accused of domestic abuse understand the best ways to address these situations. Contact our Milwaukee domestic violence defense lawyers at 414-271-1440 to arrange a confidential consultation and learn how we can help with your case.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/968/075

https://docs.legis.wisconsin.gov/statutes/statutes/813/12/7


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