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Domestic Violence Archives

Put Down The Metaphorical Pitchforks: Thoughts on the Stanford Swimmer Sexual Assault Case

Let me start with a disclaimer: I believe that "rape culture" is a real and dangerous thing. I believe that "no means no" and that when initiating sexual contact an affirmative "yes" ought to be required, despite the awkwardness such requests might present. I have "taken back the night" in multiple demonstrations over the years, and I sure as shit think that it is a very low bar, indeed, to suggest that a person be conscious when another party initiates sexual contact and/or intercourse. This is an obvious point, but an important one--simply put, I do not condone sexual assault. Before I went to law school, I worked in Victim's Rights at a DV shelter that also had a crisis line for survivors of both sexual assault and domestic violence. One of the things that motivated me to attend law school was a desire to be able to more actively participate in victim advocacy, because being in court with my clients without the ability to speak up for them was so frustrating. If you had asked me 15 years ago, I would have scoffed at the idea that I would ever be a defense attorney instead of a prosecutor. Despite that, I have spent the past decade defending individuals accused of crimes. My case load is not comprised of the casual college-student pot smokers I envisioned representing, but rather is largely composed of sex crimes, crimes of domestic violence, child abuse, and homicide.

When It Isn't a Good Deal

In this economy, most of us are on the lookout for a good deal. Websites like Craigslist are a go-to for a lot of people when they need something-furniture, electronics, used cars-and don't want to purchase these items from a retailer. These websites put sellers directly in touch with individuals, which usually means that you can purchase an item cheaper than you could in a retail store. However, whether it is from a website, or the proverbial "guy", there is such a thing as too good of a deal, and that can have consequences.

Cheaters Beware?

Infidelity is always a touchy subject. Often times when a client brings up the issue of cheating, it is in reference to a divorce action. However we have also had at least one call about it in reference to its criminal penalties. Did you know that in the state of Wisconsin adultery is not only a crime, but it is actually a felony?

Pressing Charges

In Wisconsin when there is a domestic incident and the police are called, someone is going to get arrested. This does not necessarily mean that someone is going to be charged, but it is does typically result in someone being removed from the residence, or area, by the police. Some of these incidents are the result of arguments or disagreements that get out of hand, and typically one of these individuals has been consuming alcohol. Statements are taken from both parties, and based off of that information the police often times take someone into custody.

What Should I Know About Jail?

When someone is convicted of a crime, a jail sentence is a common punishment. For many people, serving a jail sentence is a very understandable source of fear and anxiety. Here are some answers to common questions we get relating to jail sentences:

The Basics of Domestic Violence in Wisconsin

It is not uncommon for people to call our office on behalf of a friend or family member or loved one who has been arrested for or charged with a crime of domestic violence and to be very confused, or even upset. They describe to us a situation where a married couple, or a boyfriend and girlfriend, or two siblings, or two roommates, got into an argument or even a fight, things may have gotten a little out of hand, and someone called the police for help in defusing or cooling things off. The police arrived and, to the caller's surprise, rather than simply defusing the situation or helping someone cool off, the police arrested someone. Even if nobody wanted anyone arrested. Even if no one was "pressing charges." And then the person arrested is charged criminally.

Is it Legal to "Fight Back" Against a Cop Who is Using Excessive Force?

We've previously discussed when it is and is not OK to defend yourself in the state of Wisconsin (and the lengths to which you can go in defending yourself). These laws apply to defending yourself against citizens. But are you ever able to defend yourself against a police officer if they are using excessive force? That's the question we tackle in this article.

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