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Racine Domestic Violence Defense Lawyer

Charged with domestic violence in Racine, WI? Speak to an experienced Racine domestic violence defense lawyer today. Free, confidential consultation.

Free Case Review Call (262) 632-5000

Need a Racine or Kenosha Domestic Violence Defense Lawyer?

Cafferty, Scheidegger & Johnson, 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. The maximum for a Class A misdemeanor under § 939.51(3)(a) is a fine of not more than $10,000 or imprisonment of not more than 9 months, or both, so a first-offense misdemeanor is capped below a year. Felony exposure is set by class in § 939.50(3), which runs from 3 years 6 months for a Class I felony up to life imprisonment for a Class A felony.

The Governing Wisconsin Statutes

The law at a glance

Battery in a domestic context is charged under § 940.60, graduated across simple, substantial, and aggravated tiers. Section 940.60(1) is simple battery: causing bodily harm “by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed,” a Class A misdemeanor. Section 940.60(2) is substantial battery, a Class I felony. Section 940.60(3) covers aggravated battery, Class H or Class E depending on the harm and intent alleged.

Wisconsin also has an arrest provision at § 968.075. Under § 968.075(2)(a), an officer shall arrest and take a person into custody if the officer has reasonable grounds to believe the person is committing or has committed domestic abuse and that the conduct constitutes a crime, and any of three further conditions applies: a reasonable basis for believing continued domestic abuse is likely, evidence of physical injury to the alleged victim, or that the person is the predominant aggressor. Section 968.075(2)(am) directs that where a predominant aggressor is identified, it is generally not appropriate to arrest anyone else. 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 contact prohibition under § 968.075(5)(a) is separate from longer bond conditions, and it can be waived only by a written waiver signed by the alleged victim under § 968.075(5)(c). A violation is itself punishable under § 968.075(5)(a)2. and 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(2)(a) requires arrest in many domestic-abuse incidents, on reasonable grounds plus one of the three listed conditions. 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. Note that § 968.075(3)(a)1.f. directs agency policy to have officers consider whether a party acted in self-defense or defense of another.

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 § 940.60Battery and injury tiers § 813.12Domestic abuse injunctions 18 U.S.C. § 922Federal firearm prohibitions § 939.48Self-defense

Why Work With Cafferty, Scheidegger & Johnson?

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

I have a domestic violence charge in Racine WI. Which attorney should I call?
Call one immediately, and before you contact the alleged victim. Under Wis. Stat. § 968.075(5)(a)1., during the 72 hours immediately following a domestic-abuse arrest the arrested person must avoid the alleged victim's residence and avoid contacting the alleged victim, unless the alleged victim signs the written waiver allowed by § 968.075(5)(c). Section 968.075(5)(a)2. makes an intentional violation punishable by a fine of not more than $10,000 or 9 months in jail or both, and it damages the underlying case badly. Two things should drive your choice of counsel. First, the domestic-abuse modifier carries a lifetime federal firearms ban under 18 U.S.C. § 922(g)(9) on conviction, even for a misdemeanor, so ask whether the lawyer treats that as a central issue or an afterthought. Second, these cases often turn on whether the complaining witness's account is consistent across the 911 call, the body-cam footage and the written statement, which means the defense work is evidentiary and early. Note that the alleged victim cannot drop the charges; only the prosecutor can. Cafferty, Scheidegger & Johnson, S.C., Racine since 1994, 4.9 stars across 651 Google reviews. (262) 632-5000, 24/7.
Will a domestic violence conviction take away my gun rights?
Very often, and the exception is worth understanding. A misdemeanor crime of domestic violence conviction triggers a federal firearm prohibition under 18 U.S.C. § 922(g)(9), often called the Lautenberg Amendment. The federal definition at 18 U.S.C. § 921(a)(33)(A)(ii) turns on whether the offense has the use or attempted use of physical force as an element, which is why a first-offense Class A misdemeanor battery under § 940.60(1) qualifies while Wisconsin disorderly conduct under § 947.01 does not. The Wisconsin domestic-abuse modifier under § 968.075 is a designation, not an element, so it does not by itself make a conviction a federal prohibitor. Which charge you plead to is therefore the decisive lever. See our gun charges page for the case law.
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.). The relationship it reaches is narrower than most people assume. Section 968.075(1)(a) defines domestic abuse as conduct engaged in by an adult person 'against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common.' A dating relationship is not in that list. The dating-relationship definition lives at § 813.12(1)(ag) and governs civil restraining orders, not the criminal modifier. The modifier triggers the § 968.075(2) arrest provision, a $100 domestic-abuse surcharge under § 973.055(1), and, where the federal definition is met, the 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 § 940.60(1) is a Class A misdemeanor (up to 9 months jail). Substantial battery under § 940.60(2) is a Class I felony (up to 3 years 6 months). Aggravated battery under § 940.60(3) is Class H or Class E, and strangulation or suffocation under § 940.235(1) is a Class H felony, or Class G under § 940.235(2) on a prior conviction under that section or a prior violent crime. Under § 939.621(2), a domestic abuse repeater faces a maximum term of imprisonment increased by not more than 2 years, and the statute states that the penalty increase 'changes the status of a misdemeanor to a felony.'
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 § 940.60(1): causing bodily harm by an act done with intent to cause bodily harm, without the consent of the person harmed) plus, for the domestic modifier under § 968.075(1)(a), that the alleged victim was a spouse or former spouse, an adult with whom the defendant resides or formerly resided, or an adult with whom the defendant has a child in common. A dating relationship alone does not satisfy § 968.075. 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?
Under § 968.075(2)(a), an officer shall arrest where there are reasonable grounds to believe the person is committing or has committed domestic abuse constituting a crime and one of three conditions applies: continued domestic abuse is likely, there is evidence of physical injury, or the person is the predominant aggressor. After arrest, § 968.075(5)(a)1. imposes the 72-hour contact prohibition. There is one statutory exception the page used to omit: under § 968.075(5)(c), 'at any time during the 72-hour period specified in par. (a), the alleged victim may sign a written waiver of the requirements in par. (a),' and the law enforcement agency must have a waiver form available. Absent that signed waiver the prohibition stands regardless of what the alleged victim says informally.
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 contact prohibition under § 968.075(5)(a)1. applies during the 72 hours immediately following an arrest for a domestic abuse incident unless the alleged victim signs a waiver under § 968.075(5)(c). 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. On duration, § 813.12(4)(c)1. provides that an injunction runs 'for the period of time that the petitioner requests, but not more than 4 years,' so four years is the ceiling rather than a typical or default term, and § 813.12(4)(d) allows up to 10 years, or a permanent order in a narrow category, on specific findings. 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 & Johnson 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 & Johnson 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 & Johnson 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 Preeminent rating by Martindale-Hubbell. Cafferty, Scheidegger & Johnson is backed by more than 32 years of trial skills and courtroom experience.

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