Arrested for domestic abuse?
Don’t be surprised by what happens next.
Arguments between spouses or significant others happen. Sometimes, before you know it, they get very heated or even violent. These situations can often end up in an arrest or criminal charges when law enforcement gets involved. Here are some things that might come as a surprise if you’ve been arrested for a domestic situation.
Predominant aggressor
When law enforcement is called to the scene of a domestic situation, they are trained to arrest the “predominant aggressor.” Some of the factors law enforcement rely on to determine who is the predominant aggressor: visible injuries, clues of intoxication or the influence of drugs, witness statements, damaged property, and many others. It is not uncommon for the person who calls 911 in the first place to be the one who ends up getting arrested.
72-Hour No Contact
Often what it takes to get the situation to calm down again is for the parties to be like boxers and go into their separate “corners” until they can act civilly again. The law recognizes that and so judges and law enforcement have the power to impose “no contact” orders.
When law enforcement makes an arrest for a domestic violence incident, they have the power to impose a 72-hour no contact order. If you are under a law enforcement no contact order, that means you need to avoid the person protected by the no contact order for 72 hours. That means no phone calls, texts, and social media messages as well as no in-person contact. The person protected by the no contact order can waive it but only at the time you are arrested and if they sign paperwork for it. If you violate the 72-hour no contact and it’s reported to law enforcement, then it’s a mandatory arrest; meaning, police have no choice but to come and arrest you again.
Court-Imposed No Contact
Courts also have the power to impose a no contact order after a domestic incident arrest. A court-imposed no contact order is basically the same as the law enforcement no contact order except in several important respects. First, a court-imposed no contact remains in place for the duration of your case. Second, if you break the court’s no contact order, it is a mandatory arrest and may result in your bond getting revoked and an additional criminal charge called bail jumping. The penalty for a bail jumping charge can be more severe than the crime you were charged with in the first place. Third, only the court can agree to change or delete the no contact order. The person protected by the order cannot waive it.
Residence
The terms of a no contact order will prohibit you from having contact with the residence of the person protected by the order. What does that mean if that person’s residence is also your residence? According to the courts, prosecutors, and law enforcement, it means you need to find another place to live until the no contact order expires or is lifted. Many people in your situation are surprised to learn they must keep paying the bills on a residence they’re not allowed to set foot in anymore. It is important that you hire an attorney to help you with this situation. It is possible to apply to the court to have a no contact order amended so that you can go home.
If you have been arrested because of a domestic incident, your best bet is to call a trusted, local attorney for advice. Valley View Law has handled all kinds of domestic cases across Southwest Wisconsin. We work exclusively in Wisconsin’s rural areas. Give us a call at (608) 588-0585.
