How can I get out of my disorderly conduct/domestic abuse charge?

I didn’t lay a finger on my ex, and there’s no evidence to prove that I did. I made the mistake of admitting that we had been arguing and that I had yelled and spiked a box of macaroni and cheese on the floor.

Asked on July 11, 2014 under Criminal Law, Wisconsin


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

According to the US Department of Justice, the definition of domestic violence is, "A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner". And the fact is that most states similarly define DV. This means that it is generally given a somewhat broad definition so many forms of abuse are covered, including psychological (i.e. a threatening action such as spiking a box of macaroni on the floor). As for the charge of disorderly conduct, this too can be broadly defined. However, not knowing more of the detaills of the case (i.e. what you said to your wife, how you reacted with the police, etc), it's hard to advise you. The fact is that you have been criminally charged and must now address these charges. To do so effectively, you will need to consult with legal counsel. An attorney who is experienced in these type cases can best defend your interests.

Note: Until you do retain a lawyer, make no further statements about the incident to your ex or anyone else, this includes the police.

Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

Fortunately for you, you are presumed innocent and you don't have to do anything.   Hire a good defense attorent to prevent you from making future mistakes.  Also testimony is evidence. So while you think there is "no" evidence, at a minimum there is the testimony of your ex. There may also be in my experience Photos taken by the police, testimony from police, 911 call and possibly medical records or EMS recorda if she was examined by any medical personnel. 

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