Navigating the Complexities of Domestic Violence Cases Involving Children in Madison

What Could Trigger an Arrest for Domestic Violence?

In Madison, WI, police officers have the legal right to make an arrest following most domestic violence calls. This is because of Wisconsin’s mandatory arrest law. But even under the law, the arresting police officer must ascertain that certain elements exist to support the domestic violence arrest.

The first element of a domestic violence arrest is probable cause. Law enforcement officers are not allowed to make an arrest on a simple suspicion. Rather, they must evaluate the evidence and determine whether it is reasonable to assume that a person violated the law and harmed a child in a case of domestic violence.

In order for law enforcement personnel to have the legal authority to make an arrest of a suspect for domestic violence, they must show that the suspect has committed at least one of the following: performed a physical act that caused someone to fear imminent harm, intentionally impaired another person’s ability to use their body, or intentionally caused another person to sustain illness, pain, or personal injury. If there is proof of a physical injury, police officers have the right to make an arrest. If there is no proof of physical injuries, the arresting officer must have the belief that injury is likely to occur in the immediate future.

Have You Been Arrested for Domestic Violence in Madison, Wisconsin?

In most domestic violence cases, whether they involve a romantic partner or a child, the suspect is usually taken to jail. If the arrest involves only misdemeanor domestic violence charges, the accused may have the opportunity to post bond and get out of jail that very night. If the arrest involves a felony charge, the accused must sit in jail until they appear before a judge.

The accused will likely be informed of a 72-hour no-contact provision. Under this provision, the suspect may not contact the identified individual on the form for 72 hours. Violating the 72-hour no-contact provision is a crime.

Criminal convictions for domestic violence charges come with several consequences, both legally and otherwise. If you have been accused of harming or threatening to harm a child, the law is likely to take these charges very seriously. It is important that you take these legal concerns just as seriously. Contact an experienced criminal defense attorney to discuss your domestic violence case in more detail. Our law firm offers free consultations to prospective new clients interested in retaining our legal services.

What Types of Domestic Violence Crimes Does Our Law Firm Represent?

There are four primary different types of child abuse.

Acts of child neglect refer to the failure of a parent or guardian to provide for the basic needs of a minor child. Neglect can include acts such as withholding necessary food, housing, health care, And clothing.

Emotional abuse relates to psychological injuries and mental distress. Emotional abuse can be difficult to quantify and prove. Examples of emotional abuse include repeated acts of belittlement, harassment, purposeful embarrassment, forced isolation, and coercion.

Physical abuse may be the most apparent form of child abuse, as it often leaves behind a mark. However, other examples of child abuse include the imminent threat of physical violence.

Sexual abuse of a child is among the most severely prosecuted crimes in Wisconsin. Child abuse of a sexual nature can include contact, exposure to sexual attention, and exploitation.

Our law firm dedicated legal services to clients facing various types of domestic violence charges. These include, but are not limited to, child neglect, physical child abuse, emotional child abuse, child sexual abuse, shaken baby syndrome, and child homicide.

What Are the Potential Consequences for Domestic Violence Against a Child in Madison, WI?

The potential penalties for child abuse depend greatly on the severity of the abuse, the intentions of the accused, and whether the accused had any prior convictions for domestic violence.

Additionally, domestic violence charges could be accompanied by charges for other various crimes, including battery, strangulation, suffocation, and disorderly conduct.

In Wisconsin, domestic crimes can range from non-criminal citations to felony-level offenses. If convicted, punishments could include jail time, costly fines, possible forced relocation, loss of certain rights, and the potential loss of child custody rights.

Can Domestic Violence Charges Impact Child Custody or Visitation Rights?

Wisconsin law does not directly prohibit abusive adults from having visits with their children. However, a parent’s domestic violence conviction could impact visitation arrangements and child custody agreements. State law believes that it is not in the best interest of the child to award joint or sole custody to a parent who has seriously abused a child in the past.

Domestic violence charges make it unlikely for a parent ever to be awarded sole custody of their child. However, the parent with domestic violence charges against them may be able to obtain joint custody rights if the court determines that they have met certain criteria.

Criteria to consider joint custody rights include the following:

• The abusive parents no longer use alcohol or other drugs
• The accused parent has completed a certified abuser treatment program
• The court believes that it would be in the best interests of the child to award joint custody
• There is no likelihood of future abuse

In extreme cases of child abandonment, neglect, and abuse, the court may potentially terminate a parent’s rights to visit with their child. Terminating parental rights is rare, but it can and does happen.

What Happens if You Have Repeat Domestic Violence Charges?

Repeated offenders face more severe penalties from criminal courts. Repeat domestic violence charges carry an additional two years of imprisonment. Additionally, charges which were originally to be filed as misdemeanors will be increased to felonies.

The defendant will be considered a repeat offender if they commit two acts of domestic violence within 72 hours or if they have been convicted of domestic violence on two separate occasions within the same decade.

How Can a Criminal Defense Lawyer Help You?

If you are facing allegations of domestic violence or child abuse, it is strongly encouraged that you retain professional legal representation from experienced criminal defense lawyers. Criminal attorneys can advise you of your legal rights, explain the charges against you, and begin constructing a legal defense on your behalf.

Additionally, your attorneys can ensure that you comply with all court orders, including restraining orders and no contact orders.

Your criminal lawyers will gather any and all evidence to support your case, such as witness statements, electronic communications, photographs, and more.

When you appear in a court of law, you want an experienced legal representative in your corner. Our law firm provides compassionate legal counsel to clients accused of criminal charges in Madison, Wisconsin.

Schedule a Free Consultation with Experienced Criminal Defense Attorneys in Madison, WI, Today

If you have been accused of child abuse, sexual misconduct with a child, or child endangerment, it is highly recommended that you retain professional legal counsel from experienced criminal defense lawyers. Our legal team has extensive experience representing clients on various criminal defense legal matters, including those accused of child abuse or neglect.

To learn more about our legal services and how we may be of assistance to you during this difficult scenario, please contact our Madison law firm to schedule your free initial consultation today. You can reach us at 608-820-8926.