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Unless granted a waiver under specific state statute, someone arrested for domestic abuse is to avoid the alleged victim and the victim's residence, among other provisions, according to Wisconsin's No Contact Order. The penalty for violations could include up to 9 months in prison, a $10,000 fine or both.
Wisconsin law states: “Unless there is a waiver under par. (c), during the 72 hours immediately following an arrest for a domestic abuse incident, the arrested person shall avoid the residence of the alleged victim of the domestic abuse incident and, if applicable, any premises temporarily occupied by the alleged victim, and avoid contacting or causing any person, other than law enforcement officers and attorneys for the arrested person and alleged victim, to contact the alleged victim.”
In other words, when a person is arrested for a crime of domestic abuse, they are forbidden from contacting the victim for three days. The victim does not have to do anything to request a no contact order; it happens automatically. However, the victim has the option to waive this right.
What counts as domestic abuse in Wisconsin?
The state defines this category of crimes quite broadly, so you could unexpectedly find yourself in hot water. Certain actions may be considered domestic abuse when they occur between people who belong to the same household, formerly belonged to the same household (even former roommates), or have a child together, whether or not a relationship currently exists between them.
Wisconsin Restraining Order Violation Penalties
If you share a home with the alleged victim, the no-contact law becomes more tricky. You may assume that you would be permitted to return to your legal residence following your arrest; however, this is not the case. You might consider asking a friend to call the alleged victim to ask if you can return home, but this too would be a violation of Wisconsin no contact order rules. Extreme caution is warranted when dealing with this situation, as making contact with the victim within the 72-hour time frame is punishable by 9 months in jail and/or a $10,000 fine.
If you are being charged with any crime, particularly when there’s a domestic violence angle, you can easily be surprised by the subtlety and broadness of Wisconsin criminal statutes on harassment and restraining orders. Our experienced defense attorneys at Grieve Law in Waukesha are happy to provide you with a free consultation. If you choose to accept our legal services, we are committed to providing you with zealous and aggressive advocacy to protect your rights. We provide services for all areas of criminal defense, including DUI charges and firearm possession.
Contact our Milwaukee domestic assault defense lawyers today for a FREE legal advice consultation and a top-rated defense!
In Wisconsin, how long does a No Contact Order violation stay on your record?
Violating a No Contact Order in Wisconsin domestic violence case could result in a new set of charges, with penalties that could reach $10,000 in fines if convicted, and those charges could stay on the person�s record permanently.
