Self-Defense as a Domestic Violence Defense in Wisconsin

 Posted on October 10, 2025 in Criminal Defense

A Wisconsin man is claiming self-defense after recently being arrested during a domestic violence incident in Appleton. Officers responded to a local bar where a woman with a bloody lip claimed she was assaulted by her boyfriend, who, she says, punched and kicked her and even threatened to kill her if she told anyone about the incident. Officers made contact with the suspect at his home, where he admitted being involved in a physical altercation with the woman, but claimed he acted in self-defense.

The man was arrested and charged with disorderly conduct and battery with a dangerous weapon enhancer. You may wonder how claiming self-defense in a domestic violence altercation works in Wisconsin. If you are being charged with domestic violence or domestic assault, but you were only defending yourself, the sooner you speak to an experienced Milwaukee County, WI criminal defense attorney, the better outcome you are likely to have.  

Wisconsin Legal Framework for Claiming Self-Defense After Being Charged with Domestic Violence

Under Wisconsin Statute Section 939.48, an individual may threaten or intentionally use force against another individual for the purpose of "preventing or terminating what the person reasonably believes to be unlawful interference with his or her person. The force used must not be more than a reasonable person would consider necessary under the circumstances. Deadly force, or force that is likely to cause bodily harm, is only permissible if the individual believes he or she is in imminent danger of death or severe bodily harm.

However, if a person provokes the attack, they generally lose the privilege of claiming self-defense unless they give clear notice to the attacker that they are withdrawing from the altercation. When responding to domestic violence calls, law enforcement must consider whether a party acted in self-defense, which is not always an easy call to make. Often, these situations are "he said-she said," making it difficult for officers to clearly identify the instigator.

When the domestic dispute involves a woman and a larger, stronger man, police are likely to arrest the man, especially if the woman has evidence of bruises, cuts, etc. Since Wisconsin does not have a statutory stand your ground law, the owner of the house cannot invoke this doctrine as an excuse for using force against another. In all cases, a claim of self-defense must be grounded in proof.

Could This Scenario Support a Claim of Self-Defense?

Suppose a woman is slapped by her husband during a domestic dispute. She grabs a knife and stabs her husband. Could this be deemed self-defense? Stabbing someone involves the use of deadly force. To justify the stabbing, the wife must make the case that she reasonably believed she faced death or great bodily harm if she failed to defend herself. The court will be charged with determining whether non-deadly force would have sufficed, whether the wife had the option of escape or retreat, whether there was a prior history of abuse that justified her reaction, and whether her response was proportional to the threat.

Context Matters When Claiming Self-Defense

Courts will always look at context when determining whether self-defense is a reasonable defense to a domestic violence charge. The court will look at whether any prior history of abuse exists or if there were prior threats that caused fear and prompted the self-defense. The actions of the person claiming self-defense must be objectively reasonable, given the circumstances.

Using excessive force when a lesser force would suffice may result in the self-defense claim being rejected. There is no justification for the use of force for future threats, retaliation, or delayed actions, only for imminent danger situations. If the defendant provoked the confrontation, privilege is reduced or lost, unless he or she clearly withdrew from the altercation.

Contact a Waukesha County, WI Criminal Defense Lawyer

This is a situation that requires a highly skilled Milwaukee County, WI domestic violence attorney from Bucher Law Group, LLC who can build a strong defense on your behalf. Attorney Bucher spent two decades as the Waukesha County District Attorney, giving him a unique perspective that benefits his clients. He has litigated some of the most high-profile, complex cases in Wisconsin. Call 262-446-9222 to schedule your free consultation.