Skilled Legal Advocacy In Wisconsin For The Sensitive Issue Of Domestic Violence

Last updated on March 10, 2025

Domestic violence is defined as any violent or aggressive behavior toward a member of one’s household, particularly an intimate partner. If you are experiencing domestic violence or if you have been accused of domestic abuse, don’t face these challenges alone – contact an experienced attorney who knows your rights under Wisconsin law.

At Hammett, Bellin & Oswald, LLC, we represent clients in Neenah, Appleton and the Fox Cities who are facing the challenges of a domestic violence case. We will work with you to build a case and protect your interests in or out of the courtroom, and we will ensure that your voice is heard in this challenging time.

What Constitutes Domestic Violence?

When one partner in a relationship uses fear, physical force, manipulation, or restricts access to money and other resources to control the other partner’s actions, he or she is committing domestic violence. Domestic violence can be physical, emotional, sexual, psychological or financial.

There are five forms of domestic violence: physical, emotional, psychological, sexual and financial. Each can erode a victim’s physical and mental health over time, forcing him or her to become dependent on the abuser.

• Physical abuse involves physical harm to the victim. This can involve hitting, kicking, slapping and shoving as well as physical harm through restricting the victim’s diet or keeping him or her from accessing medical care.
• Emotional abuse involves the use of manipulation tactics to render the victim emotionally dependent on the abuser. Withholding affection unless the victim complies with the abuser’s wishes, destroying the victim’s belongings as punishments, and humiliating the victim are all forms of emotional abuse.
• Psychological abuse is similar to emotional abuse but manipulates the victim’s sense of self-worth and mental health rather than solely his or her emotional state. Examples of this involve gaslighting, the manipulation of the victim’s ability to trust his or her memory or perception, and cutting down the victim’s self-esteem through insults and ridicule.
• Sexual abuse, which is any unwanted sexual contact with the abuser. Sexual abuse can also include sabotaging the victim’s birth control to have a child without his or her consent.
• Financial abuse is the control of the victim by restricting his or her access to money. This can be done directly, by dictating how he or she spends money, or indirectly by prohibiting him or her from working or attending school.

At its core, domestic violence is about control. An individual might use one or more tactics to control his or her partner for his or her own benefit. A component that is present in nearly all cases of domestic violence is the isolation of the victim. If your partner discourages you from having relationships with your family and friends, you could be in an abusive relationship.

Penalties For Domestic Violence

Many cases of domestic violence are charged as battery in Wisconsin, which can have a penalty of a fine of up to $10,000. It can also result in jail time, the length of which depends on whether the individual is convicted of a misdemeanor or felony-level battery.

In addition to the penalties for battery, an individual may be required to pay a $100 Domestic Violence Fee to the state.

Many domestic violence victims file restraining orders against their abusers. Violating a restraining order can also have steep penalties, including a fine of up to $1,000 and up to nine months in jail. If an individual is considered to be a repeat offender, he or she can face steeper penalties than a first-time offender.

Domestic Abuse Restraining Orders

When police are called to a domestic incident or when a person expresses fear for their safety, the courts commonly issue a temporary restraining order as a precaution. This typically separates the parties and orders the alleged abuser not to have any contact with the alleged victim.

Within 14 days, there will be an injunction hearing on whether to continue the temporary order as a final restraining order, also called an injunction. Each party will have a chance to argue their case for permanent protection or for terminating or modifying the protection order. Our lawyers have represented clients on both sides of these sensitive and high-stakes proceedings.

Work With An Experienced Attorney

If you are a victim of domestic violence in your marriage, you need to leave the marriage immediately. Form a plan to leave and reach shelter safely, then begin the process of divorcing your spouse by speaking with an experienced family law attorney.

If you have been unfairly accused of domestic violence and fear it will be used against you in divorce and custody proceedings, an attorney can help you assert your rights and demonstrate that you pose no threat.

Our family law lawyers can help you get out of your abusive marriage and move forward with your life. Contact our criminal defense and family lawyers online or call 920-202-8872.