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Racine Domestic Violence Defense Lawyer

Charged with domestic violence or family violence-related in Racine, WI? Speak to a Racine domestic violence defense lawyer at Cafferty & Scheidegger today.

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Need a Racine or Kenosha Domestic Violence Defense Lawyer?

Cafferty & Scheidegger, S.C., represents individuals charged with domestic violence, assault and other offenses related to family violence in Southeastern Wisconsin.

Domestic violence charges can range from different levels of misdemeanors to felonies, depending upon the severity of the offense and whether it is the first offense. Prosecutors take these types of crimes very seriously. A first offense misdemeanor domestic violence charge can result in up to one year in jail. Felonies are punishable by at least one year in prison, fines, or both.

The Governing Wisconsin Statutes

The law at a glance

Battery in a domestic context is charged under § 940.19. The statute is graduated across simple, substantial, and aggravated tiers based on the severity of the injury and the mental state alleged. The State must prove intentional bodily harm without consent.

Wisconsin also has a mandatory-arrest provision at § 968.075. If a law-enforcement officer has probable cause to believe a domestic-abuse incident occurred, the officer is required to make an arrest under most circumstances. That is why so many of these cases begin at the scene without the alleged victim having chosen to press charges.

Civil no-contact and restraining orders proceed under § 813.12, separate from the criminal case. Both tracks run at the same time, and what is said in one proceeding can be used in the other. Self-defense under § 939.48 is a codified complete defense when the State cannot disprove it beyond a reasonable doubt.

Firearm and injunction risk

The firearm consequence can outlast the criminal sentence

Domestic-violence defense is not only about jail. A plea can trigger a federal firearm prohibition, affect hunting and work, and create leverage in a parallel family or injunction case. The exact words in the plea and judgment matter.

Misdemeanor conviction

Federal law at 18 U.S.C. § 922(g)(9) prohibits firearm possession after a qualifying misdemeanor crime of domestic violence. The ATF treats state and local misdemeanors as potential qualifying convictions when the federal definition is met.

Civil protective order

United States v. Rahimi upheld firearm disarmament under § 922(g)(8) when a court order includes a credible-threat finding after notice and hearing. Wisconsin domestic abuse injunctions under § 813.12 must be handled with that federal overlay in mind.

Bond and no-contact orders

The 72-hour no-contact rule under § 968.075(5) is separate from longer bond conditions. A violation can create a new bail-jumping case even if the underlying domestic allegation is weak.

  • Evaluate firearm consequences before any plea to battery, disorderly conduct, or restraining-order violation.
  • Coordinate criminal and civil-injunction strategy before the injunction hearing.
  • Preserve messages, photos, medical records, 911 audio, body camera, and third-party witnesses.
  • Consider whether dropping the domestic modifier or changing the plea language materially changes collateral exposure.
ATF § 922(g)(9) FAQFederal misdemeanor domestic-violence firearm bar United States v. RahimiSupreme Court decision on § 922(g)(8) § 813.12Domestic abuse injunctions § 968.075Domestic-abuse arrest and no-contact rules
Fast-moving consequences

What happens after a domestic violence arrest in southeast Wisconsin

Domestic violence cases often move before clients have had a chance to collect texts, photos, medical records, witness names, or body camera context. In Racine, Kenosha, and Walworth counties, the immediate defense work is to manage the 72-hour no-contact period, prepare for the initial appearance, and prevent a short-term bond condition from becoming a long-term family, housing, employment, or firearm problem.

Mandatory arrest and booking

§ 968.075 requires arrest in many domestic-abuse incidents when officers believe probable cause exists. That does not mean the State can prove the case. It means the defense has to reconstruct the scene quickly, including 911 audio, body camera footage, injuries, witness statements, and self-defense evidence.

Initial appearance and bond

The first court date can decide whether the accused can return home, see children, possess firearms, travel, or communicate through third parties. A careful bond argument can narrow unnecessary restrictions while protecting the client from a new bail-jumping allegation.

Parallel civil case

A domestic abuse injunction under § 813.12 may proceed at the same time as the criminal case. Testimony in one hearing can affect the other, so the defense strategy should account for both tracks before anyone testifies.

  • Preserve body camera, 911 audio, photos, medical records, and phone evidence right away.
  • Evaluate self-defense under § 939.48 before accepting the police narrative.
  • Protect firearm rights by challenging the domestic modifier and plea language when possible.
  • Review expungement strategy before sentencing if the charge and age qualify.
§ 968.075Domestic abuse arrest and prosecution rules § 940.19Battery and injury tiers § 813.12Domestic abuse injunctions 18 U.S.C. § 922Federal firearm prohibitions § 939.48Self-defense

Why Work With Cafferty & Scheidegger?

Our firm has earned a reputation for integrity and hard work on behalf of our clients. In many cases, we can pursue strategies that help a person avoid jail, avoid a conviction, or complete treatment-based conditions instead of accepting the harshest version of the charge. Our first priority is to challenge the prosecutor’s case and protect the client’s future before the case hardens.

We handle every type of domestic violence charge, including cases involving:

  • Violations of restraining orders and no contact orders
  • Stalking and harassment
  • Domestic assault, battery
  • Child abuse and neglect
  • Sexual abuse

Domestic-violence charges frequently intersect with other violent-crime statutes in Wisconsin. Our related practice areas:

Contact an Experienced Racine and Kenosha Domestic Violence Defense Lawyer

If you have been charged with domestic violence, don’t wait. Contact us at our office to arrange a free initial consultation with an experienced domestic violence attorney right away. You are welcome to call or text us 24 hours a day at 262-632-5000.

Frequently Asked Questions

Will a domestic violence conviction take away my gun rights?
Yes, for life under federal law. A misdemeanor crime of domestic violence conviction triggers a permanent federal firearm prohibition under 18 U.S.C. § 922(g)(9), often called the Lautenberg Amendment. This applies even to first-offense Class A misdemeanor battery (§ 940.19(1)) when charged with the domestic-abuse modifier under § 968.075. The federal bar is independent of any Wisconsin sentence and is one of the most underestimated collateral consequences of a domestic-violence conviction.
What is the domestic abuse modifier in Wisconsin?
§ 968.075 is not a standalone crime. It is a charging modifier the State adds to an underlying offense (battery, disorderly conduct, criminal damage, etc.) when the alleged victim is a spouse, former spouse, person who lives or has lived with the defendant in a dating or family relationship, or co-parent. The modifier triggers mandatory arrest at the scene, $100 domestic-abuse surcharge, and on conviction, the federal firearm prohibition under 18 U.S.C. § 922(g)(9).
Can the alleged victim drop a domestic violence case in Wisconsin?
No. Once the State charges a domestic-violence offense, only the District Attorney can dismiss it. The complaining witness can decline to cooperate, but the State can subpoena them as a hostile witness and proceed on excited-utterance statements (§ 908.03(2)), 911 recordings, body-cam footage, and officer testimony. Many Wisconsin domestic-violence prosecutions proceed without the alleged victim's cooperation.
How long do you go to jail for domestic violence in Wisconsin?
Depends on the underlying charge. Disorderly conduct with a domestic modifier is a Class B misdemeanor (up to 90 days jail). Simple battery under § 940.19(1) is a Class A misdemeanor (up to 9 months jail). Substantial battery under § 940.19(2) is a Class I felony (up to 3.5 years prison). Aggravated battery, strangulation under § 940.235, and battery with a dangerous weapon escalate further. Repeat-offender enhancers under § 939.621 add additional penalties.
What does the State have to prove in a Wisconsin domestic violence case?
The State must prove every element of the underlying offense (e.g., for battery under § 940.19: intentional bodily harm, without consent) plus, for the domestic modifier under § 968.075, that the alleged victim was a current or former spouse, dating partner, person residing or having resided with the defendant, or person with whom the defendant has a child in common. Self-defense under § 939.48 is a complete defense when the State cannot disprove it beyond a reasonable doubt.
What happens after a domestic violence arrest in Wisconsin?
Wisconsin's mandatory-arrest provision under § 968.075 requires officers with probable cause to believe a domestic-abuse incident occurred to make an arrest under most circumstances. After arrest, the defendant is held under a mandatory 72-hour no-contact period under § 968.075(5)(a), regardless of bond. A 72-hour no-contact order is not optional and applies even if the alleged victim wants contact restored.
Can a domestic violence charge be reduced or dismissed?
Yes, in many cases. Common reduction paths include amendment from battery to disorderly conduct (which carries no federal firearm bar in some readings), dropping the domestic-violence modifier on a guilty plea to the underlying charge, deferred-prosecution agreements with completion of a domestic-violence treatment program, and self-defense litigation when the alleged victim was the initial aggressor. Have a defense attorney review the body-cam footage, 911 audio, and witness statements before considering any plea.
Will a no-contact order affect my custody of children?
Yes. A 72-hour no-contact order under § 968.075(5)(a) and any § 813.12 civil restraining order can include the children if the alleged victim is the children's other parent. Even a temporary no-contact order can be cited in concurrent family-court proceedings under Wis. Stat. ch. 767. The criminal defense attorney should coordinate with family-court counsel from the start because what is said in either proceeding can be used in the other.
Is there a difference between a criminal no-contact order and a civil restraining order?
Yes. The criminal 72-hour no-contact order under § 968.075 is automatic at booking. Bond conditions imposed at the initial appearance under § 969.02 can extend no-contact for the duration of the case. A separate civil restraining order proceeds under § 813.12 and runs on its own track, with its own evidentiary hearing and a typical 4-year duration. Both tracks run simultaneously.
How much does a Wisconsin domestic violence defense lawyer cost?
Most misdemeanor domestic-violence engagements run as a flat fee. Felony engagements scale with the underlying charge class and projected motion practice. The investment is small relative to the collateral cost of a domestic-violence conviction: lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9), employment and professional-licensing impact, immigration consequences (deportable as a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E)), and impact on family-court custody and placement determinations.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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