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Milwaukee criminal defense attorney for domestic violence and COVID-19By Attorney Nicole Masnica

The COVID-19 crisis and statewide quarantine required many families to stay in their homes together for far more time than under normal circumstances. This difficult time has been complicated even further because many have suffered financially, lost employment and have had to deal with a disruption in school or care for their children. Unfortunately, these added stressors can result in an unstable and tumultuous home life and even in the worst circumstances, domestic violence.

Domestic violence affects families around the nation and throughout the world. Discord in familial relationships is very complex, and if you have been accused of perpetrating this type of sensitive crime, you will want to understand the nature of the charges, your options for defense, and how a criminal prosecution and conviction for this type of offense can impact your family and life going forward.

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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:

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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:

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Milwaukee family law attorneys, divorce process, domestic violence,restraining orders, joint legal custodyDivorce is rarely an easy or simple process, but it can become much more complicated when domestic violence is a factor. In these cases, it is incredibly important for victims to receive the protection they need. In Wisconsin, domestic violence can affect the divorce process in the several ways.

Restraining Orders

A victim of domestic violence who plans to divorce his or her abuser may receive protection through a domestic abuse restraining order. Wisconsin law defines domestic abuse as the threat or infliction of harm or physical injury by one adult to another when the adults are members of the same household, are former spouses, or have a child together. Stalking and damaging personal property are also forms of domestic abuse.

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