What is criminal domestic abuse?
Domestic abuse is a physical act committed by one adult against another adult who is a spouse, a former spouse, a person with whom the abuser created a child, or a person with whom the abuser lives or previously lived. The act either causes or may cause immediate harm. Sexual assault, the intentional infliction of pain or injury, impairment of physical condition, or a threat to engage in these actions may qualify as domestic abuse. 
What is criminal child abuse?
Child abuse is any of the following actions committed against a person under age 18: - intentional physical or emotional injury;
- sexual abuse or exploitation;
- manufacturing methamphetamine in the physical presence of a child, under any circumstances in which the manufacture of methamphetamine would be seen, smelled, or heard by a child, or in or on the premises of a child’s home; or
- the threat of such injury, abuse, or exploitation.
Does a parent have a legal duty to protect his/her child from abuse by another person?
Yes, any parent who knows that another person is abusing his/her child and takes no action to stop the abuse is subject to criminal prosecution. If you know that your spouse or another person is abusing your child, remove the child from the abuser and notify the proper authorities.
What if you or your child is in immediate danger?
Get away from your abuser and go to a safe place. Call the police, a friend, or a relative for help. Temporary shelters are available in most areas. Check the Yellow Pages under "Social Service Organizations" for domestic abuse groups. You also can contact your county social service agency or call this statewide referral number: (608) 255-0539.
If you or your child is injured, go to the hospital emergency room.
What happens if the police come?
By law, a police officer is required to arrest the person who is the predominant aggressor of the violence if: - the officer believes the person is committing or has committed domestic abuse (the abuse must have occurred within the past 28 days); and
- there is physical injury to the victim or the officer believes that continued domestic abuse is likely.
The officer will arrest the person he or she believes is the predominant aggressor of the violence, even if the victim doesn't want the abuser arrested. To determine the predominant aggressor, the officer must consider the history of abuse, the desire to protect victims, and whether any wounds are the result of self-defense.
Do other people have a duty to report abuse?
Yes. The law requires people in certain occupations to report suspected child abuse. These occupations include teachers, doctors, social service workers, chiropractors, and registered nurses. Visit wcadv.org for more information about mandated reporters, under What We Do - Legal - Resources..
Do you have to start a divorce action to get help from the courts in cases of domestic or child abuse?
No. If you or your child is in physical danger from an abuser, you can get a domestic abuse, harassment, or child abuse restraining order from the court. To apply for such orders, use a form provided by the clerk of court. The court may waive the filing and service fees. Many temporary shelters or domestic abuse agencies can help you get a restraining order.
Courts may issue several types of restraining orders to protect adult victims and their children: - A domestic violence abuse restraining order protects an adult from these types of harm by another adult: sexual assault; intentional inflection of pain or injury, impairment of physical condition (placing one in a life-threatening position), intentional damage to your physical property, or a threat to engage in these actions.
- A harassment restraining order can help protect a victim by prohibiting the abuser from engaging in harassment, which can include: a course of conduct or repeatedly committing acts that harass or intimidate another person and that serve no legitimate purpose; striking, shoving, or kicking someone or engaging in physical abuse or threats of the same; stalking; sexual assault; or child abuse.
When you are issued a domestic abuse or a harassment restraining order, the judge will order the sheriff to help you take physical possession of your residence and otherwise carry out the order if you so request. The abuser is restrained from being at or coming into your premises or from contacting you. Anyone who disobeys a civil restraining order must be arrested and can be fined, jailed, or both.
- A separate child abuse or a harassment order is needed to protect your child. Your child is not protected by your domestic violence restraining order because such orders can only be issued for adults harming adults. A harassment restraining order can protect your child if it is filled by the child or on behalf of the child. A child abuse restraining order also will protect a child victim. A child abuse civil restraining order has the same definition for child abuse as criminal child abuse, which is outlined above. Visit wcadv.org for a complete outline of Wisconsin’s four types of restraining orders, under What We Do - Legal - Resources.
What kind of protection can a spouse receive from a court while a divorce action is pending?
The court cannot guarantee your safety. The court can order the parties not to interfere with each other's personal liberty or freedom. For instance, the court might order one spouse to leave the home for a short time. Anyone who disobeys such an order can be fined, jailed, or both. You should always take steps to make sure you and your children are safe. However, only a civil restraining order mandates an arrest if violated.
Can one spouse bring an action for personal injuries against the other?
Yes, by starting a civil action. If you're considering such an action, you should see an attorney to discuss these questions: - Do you have enough evidence?
- What facts must be proven?
- How much can you get in damages or other remedies?
What should you do if you are being stalked?
Stalking is a crime. If you are being stalked, contact the police immediately. Keep a journal of all incidents and any evidence of unwanted contact. Vary your routine and carry a cell phone. Also, alert friends and neighbors so they can also call the police if needed. For more information, you can visit www.ncvc.org/src.
Stalking is a course of conduct that includes a series of two or more acts carried out over time (no matter how short or long) that show a continuity of purpose. The acts include: - maintaining a visual or physical closeness to the victim;
- approaching or confronting the victim;
- appearing at the victim's workplace or contacting the victim's employer or coworkers;
- appearing at the victim's home or contacting the victim's neighbors;
- entering property that the victim owns, leases, or occupies;
- contacting the victim by telephone or repeatedly ringing the victim's telephone or any other person's telephone, even if a conversation does not occur;
- photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the victim's activities;
- sending material to the victim, or to the victim's family, household, employer, coworker, or friend if the purpose is to get or give information about the victim or to contact the victim;
- placing or delivering an object on property that the victim owns, leases, or occupies;
- delivering an object to the victim's family, household, employer, coworker, or friend or placing or delivering an object on property owned, leased, or occupied by these people if the purpose is that the object be delivered to the victim;
- causing a person to engage in any of the acts described above.
For more information about domestic violence, you can visit www.wcadv.org.
Last updated: October 2007 |
