It used to be that domestic violence was limited to cases of physical attack where visible signs of the battery were presented as evidence in some form. However, the current legal system in Wisconsin evaluates domestic violence in a variety of ways that also includes verbal abuse when it is used in a pattern.
The verbal abuse application does not require the male in a relationship to be abusing the female. Verbal abuse can actually work both ways, and the presence of a combative verbal relationship can even be a component of a defense when both sides are engaged in the activity.
Either way, verbal attacks apply, these cases can easily come down to competing versions of events. They could be settled out of court without a criminal conviction verdict when an experienced criminal defense attorney can prove a level of reasonable doubt regarding the charge.
Articles of Evidence
All criminal cases hinge on valid evidence, even in a domestic violence case. Singular incidents of argumentative communication rarely amount to verbal domestic violence. Regular arguments that result in a request for a protective order can be much different, and it may not take much in the way of evidence to convince a judge to issue some type of emergency protective order.
The most convincing evidence in the current court system is usually recordings from cell phone cameras that can be used to prove the claim, especially when there are multiple videos. However, it may not be evident what happened before or after the video was taken. Criminal convictions can be achievable, but they can also be avoided with solid legal representation from a criminal defense attorney.
Domestic Violence Orders
The most common result of a verbal abuse domestic violence case is an issuance of an emergency protective order (EPO). This step in the process typically will result in a criminal charge at least being deferred, if not outright summarily dismissed, for a lack of evidence.
But, just because there is not enough evidence to allow a criminal hearing does not mean a judge will not still issue an EPO. This can actually be an advantage for the accused when it is duly observed and the plaintiff continues trying to force the issue in court.
Contact a Domestic Violence Attorney in Wisconsin
Remember, you never go to court concerning any sort of domestic violence case in Wisconsin without solid criminal defense. Make sure you get a legal advocate on your side who is fighting for you and your rights. In Milwaukee, always call The Law Offices of Jason D. Baltz for experienced and aggressive comprehensive representation.