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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.
Madison Domestic Abuse Restraining
Order Defense Lawyer |
