Wisconsin § 968.075 - Domestic abuse incidents; arrest and prosecution.

§ 968.075. Domestic abuse incidents; arrest and prosecution.

968.075(1) (1) Definitions. In this section: 968.075(1)(a) (a) “Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common: 968.075(1)(a)1. 1. Intentional infliction of physical pain, physical injury or illness. 968.075(1)(a)2. 2. Intentional impairment of physical condition. 968.075(1)(a)3. 3. A violation of s. 940.225 (1) , (2) or (3) . 968.075(1)(a)4. 4. A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described under subd. 1. , 2. or 3. 968.075(1)(b) (b) “Law enforcement agency” has the meaning specified in s. 165.83 (1) (b) . 968.075(1)(d) (d) “Party” means a person involved in a domestic abuse incident. 968.075(1)(e) (e) “Predominant aggressor” means the most significant, but not necessarily the first, aggressor in a domestic abuse incident. 968.075(2) (2) Circumstances requiring arrest; presumption against certain arrests. 968.075(2)(a) (a) Notwithstanding s. 968.07 (1) and except as provided in pars. (am) and (b) , a law enforcement officer shall arrest and take a person into custody if: 968.075(2)(a)1. 1. The officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person’s actions constitute the commission of a crime; and 968.075(2)(a)2. 2. Any of the following apply: 968.075(2)(a)2.a. a. The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely. 968.075(2)(a)2.b. b. There is evidence of physical injury to the alleged victim. 968.075(2)(a)2.c. c. The person is the predominant aggressor. 968.075(2)(am) (am) Notwithstanding s. 968.07 (1) , unless the person’s arrest is required under s. 813.12 (7) , 813.122 (10) , 813.125 (6) , or 813.128 (3g) (b) or sub. (5) (e) , if a law enforcement officer identifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor. 968.075(2)(ar) (ar) In order to protect victims from continuing domestic abuse, a law enforcement officer shall consider all of the following in identifying the predominant aggressor: 968.075(2)(ar)1. 1. The history of domestic abuse between the parties, if it can be reasonably ascertained by the officer, and any information provided by witnesses regarding that history. 968.075(2)(ar)2. 2. Statements made by witnesses. 968.075(2)(ar)3. 3. The relative degree of injury inflicted on the parties. 968.075(2)(ar)4. 4. The extent to which each person present appears to fear any party. 968.075(2)(ar)5. 5. Whether any party is threatening or has threatened future harm against another party or another family or household member. 968.075(2)(ar)6. 6. Whether either party acted in self-defense or in defense of any other person under the circumstances described in s.