Robert T. Ruth has been a Wisconsin criminal defense lawyer since 1993. There are many potential challenges to the charge of violation of a restraining order in Wisconsin, so it pays to retain an experienced Wisconsin criminal defense attorney to defend you.
Domestic Abuse Restraining Order Defense Lawyer
Violation of a domestic abuse restraining order issued under Wis. Stat. 813.12 is a Class A misdemeanor, punishable by up to 9 months jail and $10,000 fine. It is a common crime charged in domestic cases. The state needs to prove the following to get a conviction for violation of a domestic abuse restraining order:
That a restraining order was issued under Wisconsin law;
That the defendant committed an act that violated one of the conditions of the restraining order;
That the defendant knew that a restraining order has been issued;
That the defendant knew that his or her act violated a condition of the restraining order.
The first defense to the charge of violating a restraining order is to challenge the restraining order before it is issued. It surprises me how many people simply accept a restraining order even when they contend that the claims in support of the restraining order are exaggerated or false. They accept the restraining order because they do not believe that they will have contact with the person anymore, so they see no point to contesting the claims. This is a big mistake. A restraining order shifts significant power to the petitioner. A person may get a restraining order and then later initiate contact with the person who is subject to the order. The two people patch up the relationship and the person who is subject to the order lets his guard down and they start to have contact. Soon enough, however, a dispute or argument crops up and the police get called. The person who was subject to the order will get arrested for violating the restraining order for the mere contact. At this point it is too late to go back and say that the restraining order was based on a bunch of lies.
Call Madison domestic abuse restraining order defense attorney Robert T. Ruth at 608-257-2540 for a free consultation if you need a violation of domestic abuse restraining order defense lawyer in any Wisconsin court.