Facing Domestic Violence Charges During the Holiday Season?

While the media we consume about the holiday season depicts a time of togetherness and familial joy, it can actually be a period of stress, tension, and abuse behind closed doors. The combination of family dynamics, financial strain, and alcohol creates a dangerous combination that leads to an increased number of domestic abuse cases and violations in orders during the holidays.

During the holidays, we give our family members extra grace and patience, and being our best and most calm selves can be a challenge for anyone facing a crowded holiday with their family. If you are accused of domestic violence, just the charges on your record can result in far-reaching consequences in your life. 

If you are facing charges, you should hire an attorney before talking to the police so they can advise you from the very beginning. If you need an experienced, dependable, and knowledgeable Wisconsin criminal defense lawyer, contact the Law Offices of Christopher J. Cherella today. We will guide you through any allegations or charges and show you that the season can remain bright. 

Why Domestic Violence Often Surges During the Holidays

Domestic violence during the holidays faces a unique challenge where statistics and studies show that there is an increased number of domestic violence incidents but many are not reported to the authorities. The holidays can be some of the most stressful months, filled with financial strains, family pressure, and it even gets dark so early in the day, which leads to seasonal depression. Understanding the stressors of the holidays is crucial for families to be able to work towards prevention and intervention when it comes to family harmony during this festive season. 

Common Holiday Stress Factors That Can Lead to Domestic Disputes

From behavior and family dynamics to alcohol consumption and financial strain, the stressors of the holidays are present in every family. How you cope with them ensures that you remain calm and on the nice list. 

Common holiday stressors include:

• Financial pressures of the holidays
• Heightened emotions
• Increased alcohol consumption
• Mental health struggles
• Unresolved family conflicts
• Substance abuse

The impact that substances have on people during the holidays means that they have fewer inhibitions and less of a filter when it comes to airing out their family issues. These can all compound and create physical altercations. When these emotional moments during the holidays turn to violence, those affected may be pressured by family members not to call the authorities. Still, it’s essential to hear all sides of the story and restore order. If you find yourself facing these stressors, work with and talk to your family about ways to cope with it.

Defining Domestic Violence Under Wisconsin Law

Every state’s specific domestic violence laws vary, but Wisconsin has some specific provisions in theirs that will impact you immediately if you are facing domestic violence charges. 

Domestic abuse in Wisconsin is defined as an intentional infliction of physical pain, injury, or illness that threatens anyone close to you. This person can be your spouse, former spouse, an adult who may reside in the home, or another adult with whom they share a child. 

Domestic disputes that have the authorities at your door during the holidays may seem like an altercation that got out of hand. The charges can change depending on the relationship between them, their ages, and criminal history.

What Happens After a Domestic Violence Arrest

When it comes to the holidays, one of the most significant contributors to underreporting domestic violence incidents is the state mandate that requires officers to make an arrest on domestic violence calls. 

In Wisconsin, an arrest is mandatory if the officers have reasonable belief that:

• The abuser intentionally inflicted the violence
• The abuser committed sexual assault 
• The abuse will continue
• The accuser suffered injuries due to the abuse

Once the officers arrest who they believe the predominant aggressor is, their release is prohibited until they post bail or appear before a judge. After that, the offender can have no contact with the accuser and cannot have others contact them on their behalf for 72 hours. This 72 hour window does not allow the offender to visit the accuser’s residence, be in places they will likely frequent, or contact them in any way. During the holidays, this window of no contact pressures those affected by domestic violence to not report it to authorities. On the other hand, this 72 hour no contact order can be tempting to break during the holiday season. 

However, if those who are facing domestic violence allegations fail to comply with this order, even if it’s the holidays, it can result in up to 9 months in jail and or up to a $10,000 fine. If you are facing domestic violence charges during the holidays, you must remain calm and hire an experienced attorney as soon as possible. With the Law Offices of Christopher J. Cherella on your side, you can be assured that your side of the story will be heard.

Possible Penalties for Domestic Violence Convictions in Wisconsin

If you are facing domestic violence and abuse allegations and charges, the exact penalties will vary depending on the specifics of the offenses in the incident.

Only about 5% of cases go to trial in Wisconsin. Still, even if a person is not convicted of criminal charges related to domestic violence, the charges will show up on their record and background checks until or if they can have them expunged. 

Defending Your Rights This Holiday Season

If you are facing domestic violence allegations this holiday season, you need to take immediate action to defend your rights and protect yourself. Contact an experienced criminal defense attorney to decide what is best for your situation and family. Attorney Cherella prides himself on thoroughly investigating the allegations to help his clients get exonerated from all charges. Contact us today. The only way forward with these charges is with an experienced attorney by your side who can fight for your future.