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Milwaukee, WI domestic battery defense lawyerBy Attorney Nicole Masnica

According to the Wisconsin Department of Justice, nearly 30,000 domestic violence incidents were reported in 2017, and 21,000 arrests were made. Domestic abuse, as defined under Wis. Stat. § 968.075, involves a person intentionally inflicting pain or injury or committing sexual assault against a family member or causing a person to reasonably fear that these types of offenses would occur. Domestic violence may be committed against a spouse, a former spouse, an adult living in a person’s household, or an adult who a person shares a child with. 

Domestic Violence Charges

There are a variety of criminal charges that can be associated with domestic violence, including sexual assault, kidnapping, and homicide. However, battery is the most common charge that a person may face when accused of domestic violence, and it will typically fall into one of the three following categories:


Milwaukee WI domestic abuse charges defense laywerFalse accusations of domestic violence are more common than one might think. They can be devastating to someone’s personal reputation and professional life. It is important to take these types of sensitive criminal charges seriously by hiring an experienced attorney who has defended clients against such accusations and understands the best way to proceed with a case. 

How Does the Law Define Domestic Violence?

While you may have an idea about what acts are commonly considered to be domestic violence by the general public, Wisconsin law specifies exactly what must transpire for a charge to be properly labeled as “domestic violence.”

Wisconsin State Statute 968.075(1) defines “domestic abuse" as any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided, or against an adult with whom the person has a child in common:


restraining order wisconsin, Milwaukee criminal defense lawyersIf you believe that your safety is being threatened or you are suffering harassment from another person, you may be eligible for a restraining order.

In Wisconsin, there are five types of restraining orders (or orders of protection) including:

1. Harassment 
2. Domestic Abuse 
3. Child Abuse 
4. Individual at Risk 
5. Juvenile Harassment


Posted on in Criminal Defense

Wisconsin defense attorney, Wisconsin criminal lawyer, Wisconsin criminal statutesThere are many different types of battery in Wisconsin. As such, you can be charged with battery and be facing either misdemeanor charges or felony charges. One type of felony battery in Wisconsin is known as substantial battery. If you are facing substantial battery felony charges, it is imperative you reach out to an attorney for immediate assistance.

Substantial Battery as Defined

The most important thing for you to understand about substantial battery is that the prosecutor does not need to prove that you intended to cause substantial bodily harm. All the prosecutor needs to show is that you intended to cause any bodily harm, and that suffices. It used to be that the prosecutor was required to prove that you intended to cause the “substantial” harm that resulted, rather than just any level of harm. That was a much easier standard to defend, especially since many times people lash out in the heat of the moment and the damage caused is far greater than what was intended.

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