Janesville Domestic Violence Defense Attorney
Skilled Criminal Defense Attorneys Fighting to Protect Your Legal Rights
If you have been charged with offenses related to domestic violence, it is in your best interest to seek legal representation immediately. Domestic violence charges can impact your ability to see your children, live in your own home, and result in other legal implications, such as losing the right to have firearms.
Unfortunately, our years of experience have taught us that many defendants who are facing domestic violence charges have been falsely accused. Often, alleged victims will file charges for revenge or to gain leverage in a divorce or child custody case.
Casper Mehlos Law Group, LLC, is a law firm with extensive experience in handling domestic violence claims. If you have questions about Wisconsin domestic violence laws or would like to learn more about our legal services, contact our law firm today to schedule a free consultation.
When Can a Person Be Charged With Domestic Violence in Wisconsin?
Domestic violence or domestic abuse charges can be brought if the facts of the case meet specific legal criteria. Under the law, domestic abuse occurs when a person engages in actions that intentionally inflict physical injury, pain, illness, or intimidation. Domestic abuse may occur through physical means, stalking, or sexual assault.
An individual may be charged with domestic abuse if they perpetrate acts of violence against:
- A current or former spouse
- An individual with whom they share a child
- Anyone who is blood-related
- Current or former household members
Additionally, a police officer is legally obligated to arrest anyone they believe has committed an act of domestic violence if the victim has physical injuries, they believe the abuse may continue, or the suspect is the primary aggressor.
What is Wisconsin’s 72-Hour Rule for Domestic Violence?
Wisconsin state law prohibits anyone who has been charged with domestic abuse from contacting the victim for 72 hours after the incident takes place. The goal of the no-contact order is to protect the victim and avoid further violent acts. During the 72 hours, the alleged perpetrator must avoid the victim’s residence and any other place where the victim may be, such as their workplace or school. The accused must also refrain from attempting to contact the victim or using a third party to initiate contact.
Under the law, domestic violence victims are automatically granted a no-contact order. However, victims can waive their rights if they choose to do so.
If a person who has been charged with domestic violence violates the 72-hour rule, they can be arrested and be ordered to serve up to nine months in jail and be ordered to pay a fine ranging up to $10,000.
To avoid a possible jail sentence and having to pay a substantial fine, it is best to allow a domestic violence attorney to handle any communication with your accuser. Contact our lawyers today to learn more about your rights and what to avoid to ensure compliance with the 72-hour rule.
What are Some of the Legal Defenses Domestic Violence Lawyers Use to Defend Clients?
Anyone who is facing domestic violence charges must hire an attorney who will present an aggressive defense on their behalf. Some of the most common legal defenses used in domestic violence cases include:
- Self-defense: Studies show that sometimes the arrested individual acted in self-defense. To prove that self-defense was necessary, an attorney must be able to demonstrate that their client believed they were in imminent danger and that the amount of force they used was necessary to protect themselves
- Lack of credibility: A criminal defense attorney may be able to present evidence that challenges the accuser’s credibility. Evidence may include inconsistencies in the accuser’s statements, witness testimony that contradicts the accuser’s account, or proof of ulterior motives, such as trying to gain leverage in family law cases
- Insufficient evidence: A defense lawyer can present compelling arguments to cast doubt on the prosecutor’s case. In many instances, a defense lawyer can argue that the prosecutor lacks enough evidence for the case to proceed and file motions asking that the charges be dropped
Casper Mehlos Law Group, LLC, has represented clients in multiple counties across Wisconsin and has a reputation for getting results.
Why is it in My Best Interest to hire a Domestic Violence Attorney?
Wisconsin prosecutors aggressively prosecute domestic violence charges, and convictions can haunt you for the rest of your life. A domestic violence attorney has the skills and experience to safeguard your legal rights and protect your future. A criminal defense attorney understands the nuances of the Wisconsin criminal justice system and the various legal procedures that accompany domestic violence allegations.
When you hire an attorney to represent you, they will thoroughly examine the state’s evidence to pinpoint weaknesses and inconsistencies in the case. Based on their findings, your attorney will craft an innovative defense strategy they will use during negotiations with the prosecutor. For example, they may argue the case lacks sufficient evidence or does not meet specific legal criteria.
Other critical legal services provided to clients include:
- File legal motions asking that evidence be excluded
- Negotiating with prosecutors to reach a favorable plea deal
- Providing courtroom representation should the case need to go to trial to be resolved
If you have been accused of domestic violence, you cannot afford not to have quality legal representation. Allow our Janesville, WI attorneys to help you resolve your legal issues so you can get back to living your life.
Can a Wisconsin Domestic Violence Conviction Be Expunged?
One of the most common questions defendants ask is whether a domestic violence conviction can be expunged. Although a criminal record can be sealed and is no longer available for public viewing, law enforcement can still access it. However, the law does not apply to cases where the accused has completed probation or a deferred judgment.
Although Wisconsin does allow specific domestic violence cases to be expunged, there are specific legal restrictions. Felony domestic violence convictions are generally not eligible to be expunged. One example would be a case involving substantial battery where the victim suffered significant injuries. Repeat offenses are also not typically eligible for expungement.
The best way to avoid the legal and societal implications that accompany a domestic violence conviction is to hire an attorney who will fight to have the charges dropped or dismissed. Our domestic violence attorneys have a proven record of winning cases for our clients and would be honored to serve your legal needs.
Why Should I Choose Your Domestic Violence Lawyers for My Legal Matters?
Our Janesville, WI, lawyers have in-depth experience helping clients facing domestic violence allegations. Our defense lawyers are dedicated to helping clients resolve their legal issues as efficiently as possible, enabling them to return to their daily lives.
If you are facing domestic violence charges, you need an attorney with a proven track record of winning cases. Our criminal defense lawyers have extensive experience defending clients against domestic abuse offenses and will fight to obtain the best possible result for your case. We recognize the strain that being charged with a criminal offense can have and will work tirelessly to help you obtain the best possible outcome for your legal matters.
Contact Casper Mehlos Law Group, LLC today at (608) 820-8926 to schedule a free initial consultation. We will review your case and determine the most suitable legal strategies for your needs.