Wisconsin has a “pro-arrest” policy for domestic violence cases. You may hear officers or prosecutors use that phrase as if an arrest is automatic. The reality is more specific. State law strongly favors arrest in certain situations, but it does not require police to arrest someone in every domestic situation. A knowledgeable domestic violence defense attorney in Madison can help you understand your specific charges and whether the police violated your rights.
Wisconsin’s Domestic Abuse Laws and “Pro-Arrest” Policy
Domestic abuse includes acts committed by an adult against a spouse or former spouse, an adult they live or lived with, or an adult with whom they share a child. These acts include:
- Intentional infliction of physical pain or injury
- Intentional impairment of a physical condition
- Certain sexual assault offenses
- A physical act that may cause “reasonable fear of imminent physical harm”
Verbal arguments alone usually do not meet this definition.
Wisconsin’s pro-arrest approach is codified into law. The state statute directs law enforcement officers to arrest a person if certain conditions are met, rather than simply separating the parties or issuing a warning.
The goal is to reduce repeat violence and protect people who may be at immediate risk. Over time, however, that policy goal has become shorthand as “pro-arrest,” even though the statute itself lays out specific requirements.
When Police Are Required to Make an Arrest
An officer must arrest and take a person into custody when the officer has reasonable grounds to believe that both:
- The person committed or is committing domestic abuse
- Their conduct is a crime
If the situation meets those factors, arrest is required if:
- The officer has a reasonable basis to believe continued domestic abuse is likely,
- There is evidence of physical injury to the alleged victim, or
- The person is identified as the predominant aggressor
If these conditions exist, the officer must make an arrest. They don’t have the option to issue a citation or simply separate the parties.
The Predominant Aggressor Rule
Wisconsin law places significant emphasis on identifying the predominant aggressor. The predominant aggressor is the most significant aggressor in the incident, not necessarily the first person who acted. To make that determination, officers must consider:
- Any known history of domestic abuse
- Witness statements
- How severe any injuries are
- Whether one person appears fearful of the other
- Threats of future harm
- Whether either person acted in self-defense
If police identify a predominant aggressor, it’s generally not appropriate for them to arrest anyone else. This is why Wisconsin law discourages dual arrests, although they’re not completely prohibited.
The 72-Hour No-Contact Requirement
After an arrest for a domestic abuse incident, Wisconsin law automatically sets a 72-hour no-contact period, unless the alleged victim signs a written waiver. During that period, the arrested person must avoid the alleged victim’s residence and any contact with them, even indirectly. Intentionally violating this requirement can result in additional criminal charges. Law enforcement is required to make an arrest if they believe there was a violation.
Common Misunderstandings About Pro-Arrest
Many people believe police must arrest someone anytime there’s a domestic call, but that’s not necessarily true. Police respond to many domestic-related calls that do not result in arrest because the situation doesn’t meet the legal requirements.
Another misconception is that a victim can “drop the charges” and stop the arrest. This is also not true. The decision to arrest depends on law enforcement, not on the reporting party’s wishes. Once probable cause exists, the officer has a duty to make an arrest.
Finally, many people assume “pro-arrest” means “automatic conviction.” An arrest starts the process, but prosecutors still must decide whether to file charges, and the state must prove the case beyond a reasonable doubt. A skilled domestic abuse defense lawyer can help you fight the charges and work toward the best resolution possible.
Discuss Your Case with a Knowledgeable Domestic Abuse Defense Attorney
Casper Mehlos Law Group, LLC, works with clients in Madison and throughout the surrounding areas who are accused of domestic abuse. If you’ve been arrested and need experienced legal guidance, call us today to learn more about your options.
