For many, the holidays are a time of celebration. However, for some families in Southeastern Wisconsin, the pressure of financial stress, family dynamics, and holiday drinking can turn a festive evening into a legal nightmare. At Cafferty & Scheidegger, we often see a significant spike in domestic related arrests between Christmas Eve and New Year’s Day. If the police are called to your home during a holiday dispute, the situation can escalate far beyond a simple argument. Here is what you need to know about the immediate and long-term consequences of a domestic abuse charge in Wisconsin.
Wisconsin’s Mandatory Arrest Law
In many states, police have the discretion to “ask someone to leave” to cool off. Wisconsin is different. Under Wis. Stat. § 968.075, if an officer has reasonable grounds to believe that a domestic abuse incident has occurred and that continued abuse is likely, they must make an arrest. Even if the other person tells the police they don’t want you arrested or refuse to “press charges,” the decision is no longer in their hands. The officer must identify a “predominant aggressor” and take them into custody.
The 72-Hour “No-Contact” Order
The most immediate holiday-ruining consequence of an arrest is the mandatory 72-hour no-contact order. Unless waived by the alleged victim, this law prohibits you from:
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Contacting the other person in any way (including text or social media).
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Returning to your own home, even if your name is the only one on the lease or mortgage.
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Having a third party (like a friend or sibling) contact them on your behalf.
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Note: Violating this order is a separate criminal offense that can result in up to 9 months in jail and a $10,000 fine.
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For an arrest made on Christmas Eve, this means you could be legally barred from your home and family through the entire holiday weekend.
Long Term Stakes: More Than Just a Fine
A domestic abuse conviction carries “enhancers” that follow you for life. Beyond potential jail time, you face:
- Loss of Firearm Rights: Under federal law (the Lautenberg Amendment), a domestic violence conviction permanently strips you of your right to possess a firearm.
- Employment Barriers: Many employers in Racine and Kenosha perform background checks that flag domestic enhancers, making it difficult to maintain or find work.
- Child Custody Issues: A criminal record involving domestic abuse can be used against you in future family court proceedings. How We Can Help At Cafferty & Scheidegger, we understand that holiday disputes are often complex, and “he said/she said” allegations can lead to unfair arrests. Our firm has over 32 years of experience defending clients in Racine, Kenosha, and Walworth counties against serious criminal charges. We investigate the facts, challenge the “predominant aggressor” designation, and work to protect your rights, your reputation, and your future.
Facing a holiday arrest? Don’t wait until the holidays are over to protect your rights. Contact our Racine or Kenosha office today for a free initial consultation.