I am charged with Domestic Violence, Battery and False imprisonment, will I go to jail for this?

Asked over 3 years ago - Tomahawk, WI

This was a fight between me and my wife, there are no witnesses and she had one bruise on her arm. But she says that I held a 22 rifle to her head and threatened to kill her, and would not let her leave the house. The truth is I found out she was cheating on me with a guy on the internet, She has now had me charged and has filed for a divorce. I am out on a $6000.00 signature bond, I am not allowed to have any contact with her, and she has closed our joint bank account, I cant go home, and she is making it where I have no money at all. What is going to happen to me in Wisconsin for this? am I going to go to prison?

Attorney answers (2)

  1. R. S. Missimer

    Contributor Level 16

    Answered . That will depend.

    Our firm has handled such cases, and generally the charges (with only one witness) are hard to convict, so they are generally reduced. However, if you have a history of domestic violence, or disorderly conduct you make it easier for them.

    Further, wisconsin has a statute that allows the court to take into account domestic violence and reports of same. So, will this effect your divorce, custody, and placement, YES, it may.

    Without representation you are walking into a trap. It is important to say that testimony that occurs in your family law matter can be used against you in your criminal matter. You do not have the right to the 5th in the family court. Refusing to testify will look really bad for you (honesty wise). So, you are SOL either way. With representation, the attorney will keep you out of trouble.
    It is especially important to have the same attorney (at least firm) for both the family and criminal matters.
    Good luck, and seek counsel.

    our website: www.Missimer-Law.com

  2. Theodore W. Robinson

    Contributor Level 20

    Answered . It sounds like an ugly divorce and most courts will see it that way since they often see this type of thing as people split up with one another and simply can't accept it.

    Best to consult with a local criminal defense lawyer immediately as well as a matrimonial attorney (often one in the same) and see about your alternatives.

    Good luck. I don't think you'll go to jail for this one, but if you go near her again, then all bets are off.

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