Being arrested on a domestic violence charge can turn your life upside down in a single night. If officers took you into custody quickly, then you’re likely left wondering what comes next and what it means for your future. At Kim & LaVoy S.C., we help you slow this process down, understand your rights, and build an effective legal strategy around the real facts of your case.
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Do I Need a Domestic Violence Defense Lawyer in Milwaukee?
Wisconsin treats domestic violence cases differently than most other criminal charges, and things can escalate faster than people expect.
Ask yourself whether any of this sounds familiar:
- Police arrested you after a domestic dispute, even though nobody wanted that outcome.
- A no-contact order or protective order now keeps you away from your own home, your children, or your partner.
- You are worried about losing your right to own a firearm.
- Your job, professional license, or security clearance depends on a clean criminal record.
- The person who called the police has since said the situation was exaggerated, or you believe you were falsely accused.
- You don’t know whether you’re facing a misdemeanor or a felony, or what your legal options are.
If any of this applies to you, our experienced domestic violence defense lawyers can walk you through your legal options and explain the possible consequences. We can also tell you what to expect in your local court before things escalate.
Speak With Our TeamWhy Wisconsin Domestic Violence Claims Are Different
Wisconsin is a mandatory arrest state. Under Wisconsin’s mandatory arrest law, once police have good reason to believe someone committed domestic abuse, they have to make an arrest. [Wis. Stat. § 968.075] That means an argument that gets out of hand can lead to an arrest that same night, even if no one involved wants that outcome.
The law only applies to certain relationships:
- A spouse or former spouse
- A household member you live with or used to live with
- An adult you share a child with
It covers physical harm, attempted physical harm, or actions that make someone reasonably afraid of being hurt. [Wis. Stat. § 968.075(1)(a)] A boyfriend or girlfriend relationship without a shared home or child generally doesn’t count. [Wis. Stat. § 968.075(1)(a)]
Once an arrest happens:
- The arrested person must stay away from the alleged victim’s home and avoid any contact with them for the next 72 hours, even if both people want to talk things through. [Wis. Stat. § 968.075(5)(a)]
- Breaking that rule is its own crime under Wisconsin law, with a fine of up to $10,000, up to nine months in jail, or both. [Wis. Stat. § 968.075(5)(a)2]
- Prosecutors can move forward with the case even when the alleged victim doesn’t want to press charges. That decision belongs to the state, not to whoever called 911. [Wis. Stat. § 968.02(1)]
This means you can’t count on the case going away just because the other person wants it to. It’s one of the first things our attorneys explain during an initial consultation.
When police arrive at a domestic disturbance, they look for signs of a struggle, note any injuries, and try to figure out who started it, sometimes without hearing the whole story. If you were defending yourself, a domestic abuse defense lawyer can raise self-defense as part of your case from the start. [Wis. Stat. § 939.48(1)]
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What a Domestic Violence or Domestic Battery Charge Can Mean for You
Domestic abuse is not a standalone crime under Wisconsin law. [Wis. Stat. § 968.075(1)(a)] It’s a modifier the state attaches to an underlying charge such as battery, disorderly conduct, or another violent crime. The consequences reach further than the underlying charge alone. That means the consequences depend on which underlying charge you’re facing, which is why our attorneys start every case by identifying exactly what you’re up against.
- Firearm rights: Under federal law, anyone convicted of a qualifying misdemeanor crime of domestic violence is prohibited from possessing a firearm or ammunition. [18 U.S.C. § 922(g)(9)] This restriction can last a lifetime and follows you well beyond a single criminal conviction, which means the charge you’re convicted of can affect your rights for the rest of your life, not just your case.
- Repeat offense penalties: Wisconsin’s domestic abuse repeater law applies if you are convicted of a domestic abuse offense within 72 hours of a prior domestic abuse arrest, or twice within the past 10 years. It can add up to two years to your sentence and turn a misdemeanor into a felony. [Wis. Stat. § 939.621] Even a second offense without the repeater enhancement can bring harsh penalties, including jail time, fines, or community service. A prior arrest you may have thought was behind you can still raise the stakes on a new charge.
- Family and housing disruption: A no-contact order, and in some cases a restraining order, can separate you from your children, your home, and your daily routine while the case is pending. These cases can also affect child custody decisions in family court, where a judge considers the best interests of your children. [Wis. Stat. § 767.41(5)(am)] Custody arrangements can remain in place long after the criminal case ends.
- Employment and licensing: A criminal record from a domestic violence conviction, or even an arrest for an alleged crime that never leads to a conviction, can show up on background checks and affect professional licenses, security clearances, and future job opportunities. Even an arrest for an alleged crime that never leads to a conviction can create the same risk.
Our Domestic Violence Defense Approach and What Happens Next
When you’re facing a domestic violence charge, every early decision matters. We review the facts closely, explain your options in plain language, and build a defense around what actually happened in your case. Here’s what happens when you contact Kim & LaVoy S.C.:
Step 1: You reach out to our criminal defense firm
You can call our office or request a consultation, and we'll walk you through what to expect. Our team offers legal support and legal representation from the very first call.
Step 2: Our defense attorneys review the police report and evidence
Our attorneys examine how the arrest happened, what the alleged victim told police officers, and whether the report matches the physical evidence. We also review whether officers correctly identified the predominant aggressor, the person police believe was most responsible for the incident.
Step 3: We build a defense strategy for your case
Common defenses include self-defense using reasonable force, an alibi, evidence that contact was accidental, or evidence that you were falsely accused. False or exaggerated allegations can lead to reduced or dropped charges when the evidence doesn't hold up.
Step 4: We build and pursue your defense
We negotiate with prosecutors where appropriate, challenge weak evidence, and prepare every case as though it could go to trial. That preparation often produces the strongest result at the negotiating table. That preparation is what gives us leverage at the negotiating table, which means a stronger position for you whether the case settles or goes in front of a jury.
Why Clients Choose Kim & LaVoy S.C. as Your Domestic Assault Defense Attorney
Our attorneys understand that choosing a domestic violence defense attorney is about more than credentials. It’s about trusting a law firm that takes your situation seriously from the first phone call.
When you work with Kim & LaVoy S.C., you can expect:
- Direct access to our attorneys from your first call, not a case manager or intake team.
- A managing partner who spent years as a Milwaukee County prosecutor, giving us insight into how the state builds a domestic violence case and where the weaknesses usually are.
- A focus on you as a person, not just a case file.
- Clear communication with a flat fee structure.
- A team approach that helps build the best defense for your circumstances.
- A strong track record defending clients in Milwaukee and Waukesha County courts.
“I can’t guarantee how this is going to end up, but I can guarantee you that the result we get for you is the best you can expect under the circumstances. Our job is not to get you off. Our job is to make sure that things are done fairly,” says Julius Kim, Managing Partner. That honesty from the first call is what tells you exactly where you stand, instead of empty promises about how your case will end.
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Frequently Asked Questions About Domestic Violence Charges in Wisconsin
Domestic abuse covers intentional physical pain, physical injury, or impairment of physical condition, along with certain sexual assault violations and acts that cause someone to reasonably fear that conduct. [Wis. Stat. § 968.075(1)(a)] It only applies within a legally defined domestic relationship: a spouse or former spouse, adults who live together or used to live together, or adults who share a child. A boyfriend or girlfriend relationship without a shared residence or child does not fall under this definition on its own. It may still lead to charges like disorderly conduct or a violent crime allegation, depending on what happened.
Wisconsin criminal law and federal law both address this question, and the answer depends on which charge you are convicted of. Federal law bars anyone convicted of a qualifying misdemeanor crime of domestic violence from possessing a firearm or ammunition, and this restriction can be permanent. [18 U.S.C. § 922(g)(9)] Wisconsin’s Supreme Court has ruled that a disorderly conduct conviction connected to a domestic incident does not, by itself, qualify as a misdemeanor crime of domestic violence under federal law. [Doubek v. Kaul] Which charge you are convicted of can determine whether you keep your firearm rights, which is one of the first issues our attorneys assess.
Yes. In Wisconsin, the decision to prosecute belongs to the district attorney’s office, not to the person who called police. [Wis. Stat. § 968.02(1)] Prosecutors can and do pursue domestic violence cases even when the alleged victim asks them not to, or later says the domestic violence allegations were exaggerated. This is one reason someone accused of domestic violence should not assume a case will simply go away without an experienced domestic violence lawyer.
An arrested person must avoid the alleged victim’s residence and any contact with that person for 72 hours after arrest, unless the alleged victim signs a written waiver releasing them from that requirement. [Wis. Stat. § 968.075(5)] During this period, and throughout the case, you also have the right to remain silent and should use it until you’ve spoken with an attorney. Violating the no-contact requirement is a separate criminal offense, punishable by a fine of up to $10,000, up to nine months in jail, or both. [Wis. Stat. § 968.075(5)(a)2] This holds true even if the original charge is later reduced or dismissed.
No. Domestic abuse is not a standalone crime. It is a modifier attached to an underlying charge such as battery or disorderly conduct, and the underlying charge determines whether you are facing a misdemeanor or a felony. Penalties for a misdemeanor can include fines, jail time, or community service, while felony penalties are more severe. Wisconsin’s domestic abuse repeater law applies if you have a qualifying prior domestic abuse arrest, or two prior convictions within the past 10 years. It can still add up to two years to a sentence and turn a misdemeanor into a felony. [Wis. Stat. § 939.621]
It depends on the evidence. Prosecutors may reduce or drop charges when the evidence is inconsistent with the police report, there was not enough probable cause for the original arrest, there is a valid self-defense claim, or the contact that led to the charge was accidental rather than intentional. An attorney can also negotiate charge reductions or alternatives to jail time on your behalf, even in cases where the evidence does not support a full dismissal. Our attorneys review every police report and piece of evidence to identify these opportunities early in the case.
If You Have Been Charged With Domestic Violence, Contact Our Domestic Violence Attorneys Today
Domestic violence cases move quickly through the Wisconsin court system, and the decisions you make in the first hours and days can affect your freedom, your family, and your future. In most domestic violence cases, getting legal support early changes the outcome, and you don’t have to figure this out alone. If you’re facing domestic violence charges in Milwaukee or the surrounding counties, our domestic violence attorneys are here to listen, explain your legal options, and help you take the next step.
Contact us TodayAreas We Serve
At Kim & LaVoy S.C., we represent clients across the state of Wisconsin, with a strong presence throughout the Milwaukee area. Whether your case is in a larger city or a surrounding community, you can expect the same level of attention, guidance, and support.
We regularly serve clients in:
- Milwaukee
- Brookfield
- Waukesha
- Wauwatosa
- West Bend
- West Allis
- and other counties throughout Wisconsin
As a domestic violence defense lawyer in Milwaukee, our team is familiar with local court systems across these areas. This means we can guide you through the process with clarity and confidence, no matter where your case is based.
Find A LawyerWhat Our Clients Say
“Julius Kim was my attorney for my second DUI - a situation no one wants to be in. However, I was (and am) extremely thankful for having such a dedicated lawyer. He gave me no false hopes; yet still instilled hope in me.”
“Jonathan LaVoy did exactly what we set out to do. His staff was accommodating, made me feel comfortable, detailed and kind.”
“Very satisfied with the service we received with Attorney Jamie Pagac. She was knowledgable and professional. She was also personable and considerate. In what could have been an overwhelming experience our case was handled perfectly by the whole group at Kim & LaVoy.”
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Legal Disclaimer
The information provided on this page is for general informational purposes only and does not constitute legal advice. Every criminal case is unique, and the facts of your specific situation may result in different outcomes than those described here. Reading this content does not create an attorney-client relationship between you and Kim & LaVoy S.C. or any of its attorneys. Wisconsin law is complex and subject to change. For legal advice tailored to your individual circumstances, please contact Kim & LaVoy S.C. directly to schedule a consultation.
If you or someone you know is in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233 for anyone affected by domestic abuse, regardless of which side of a case they’re on.