If you and your spouse or significant other have a hostile relationship, it is possible that he or she may falsely accuse you of domestic violence. Although legitimate instances of domestic violence are sadly common, not every accusation of abuse turns out to be true. Being accused of domestic violence can negatively affect a person’s ability to maintain employment, spend time with their children, and continue relationships with friends and family. False accusations of abuse can also seriously impact divorce proceedings. If you have been accused of domestic violence, there are some things you can do to help protect yourself.

Notify Family Members About What is Happening

If a person has brought unsubstantiated accusations of domestic violence against you, you may feel overwhelmed, angry, betrayed, and confused about how to respond. The most important step you can take at this point is to contact a domestic violence defense attorney. Next, do not wait for the person falsely accusing you to contact your friends and family. If he or she reaches them first, he or she may be able to turn your loved ones away from you. It can be embarrassing to admit to such a situation, but hiding it will not help your case. Reaching out to others can also be helpful in working through the emotional pain that false accusations of domestic violence cause.

Create New Passwords

Experts also encourage those worried about being fraudulently accused of abuse to change their login information and passwords on all electronic devices. If the accuser has access to the accused’s cell phone, for example, he or she could use it to send threatening messages to himself or herself. To a judge, this will look like the accused actually sent the messages when in reality, he or she is the victim in this scenario. 

Last year, a 17-year-old resident of Manitowoc was sentenced to 20 years in prison after pleading guilty to reckless homicide related to the death of his 7-year-old foster brother in 2018. According to court documents, the defendant said he was following instructions from his own parents in enforcing the 7-year-old’s punishment for failing to properly memorize Bible verses. The defendant is now 18 years old and serving his sentence, and his appeals are ongoing.

One of the side consequences of his ongoing appeals, however, is the delay of his father’s trial. The conicted boy’s father is facing charges for felony murder, child abuse, and more after he allegedly ordered his son to punish the younger boy. The son is not able to testify in the father’s case due to pending and ongoing appeals, so there has not yet been a trial date set. In the meantime, the father has been out of jail on $75,000 cash bond since late May of this year.

Part of the concern for the father’s trial is in regard to evidence from related juvenile cases. Juvenile records in Wisconsin are generally sealed and unavailable to the public in adult court cases. Hearings have been ongoing to determine what evidence, if any, from those cases will be allowed in the upcoming trial. Local legal sources suspect that the man’s trial will not be held until sometime in 2023 at the earliest.

Most drivers understand that driving under the influence of alcohol or even recreational drugs can lead to Operating While Intoxicated (OWI) charges. However, there is less clarity when it comes to prescription drugs. Although many types of prescription drugs, including opioids, come with warnings against driving or operating heavy machinery after use, driving while under the influence of these drugs which can impair your ability to safely drive continues to occur. Given the serious charges which can result from an OWI conviction, it is essential to work with an experienced OWI defense attorney.

Field Sobriety Tests for Drugs

Wisconsin law prohibits operating a motor vehicle when under the influence of any controlled substance that renders a person unable to drive safely. For alcohol, this means having a blood alcohol content (BAC) of over .08 percent. The officer who stopped you can perform a breathalyzer test after you have been pulled over. With substances including marijuana, other drugs, and prescription medications, there is no equivalent field test. If the use of a substance other than alcohol is suspected, an additional officer may be called in. Some Wisconsin police officers are trained as drug recognition experts (DRE). The trained DRE will administer a series of tests to assess the subject. These tests include checking the subject’s pulse, examining their eye movements, performing tests to assess the subject’s level of attention, and testing vital signs, and other assessments.

If the DRE officer concludes that you may be under the influence of drugs, you will be arrested. Additional blood testing will be performed at the police station to substantiate the DRE’s conclusions. The DRE will also write a report of their interaction which can also be used as evidence. A combination of drug and alcohol use can also result in OWI charges, even if your BAC is below the legal limit.

For drivers who have been stopped under suspicion of Operating While Intoxicated (OWI), whether or not to take the breathalyzer test on the spot can be a difficult and confusing decision. Once a police officer pulls you over, they may already have a suspicion that you have been drinking alcohol or are under the influence of drugs. From the time they approach your vehicle, they will be looking for signs of intoxication, including the smell of alcohol on your breath, the clarity of your speech, your balance, and the appearance and motion of your eyes. You should learn what you should and should not do in this situation and know that it is always essential to call an OWI defense lawyer as soon as possible.

Field Tests Versus Tests at the Police Station

While Wisconsin is an implied consent state, meaning you have given consent to chemical testing when you obtained your driver’s license, that only applies after an arrest. You do not have to submit to any physical field sobriety tests or take a Preliminary Breath Test (PBT). You are not required to answer any of the officer’s questions but must produce your license when it is requested and exit your vehicle if instructed to do so. If you do choose to speak with the officer, you must tell the truth.

Based on their field observations, the officer may choose to arrest you based on probable cause, including any erratic driving before being pulled over, the smell of alcohol on you or in the vehicle, or open containers of alcohol observed in the vehicle. Refusal to submit to field sobriety tests may also give the officer probable cause to arrest you.

While the legal drinking age in Wisconsin is 21, it is no secret that minors will break the law and consume alcohol. Many times, this drinking will be done at houses, parks, or other areas where the activity can occur discreetly. They may even try to drink at a bar or other establishment that serves alcohol with a fake ID. As a parent, it is best to know what the punishments for underage drinking and other juvenile crimes are, as well as the exceptions when underage drinking is allowed.

Penalties and Exceptions for Underage Drinking

If a minor is caught possessing or drinking alcohol and are between the ages of 17 and 20, they will face an underage drinking charge. Penalties for a first-time underage drinking conviction can include $250 to $500 in fines, a driver’s license suspension of between 30 and 90 days, and participating in community service work or another supervised work program. Minors under the age of 17 will face similar penalties, but will be charged as a juvenile. For both underage and juvenile offenders, trying to purchase alcohol with a fake ID will also result in fines, driver’s license suspension, and community service. Penalties for both underage and juvenile offenders increase with each subsequent conviction. Enrollment in a court-approved alcohol abuse education program may also be part of the sentence for any of the charges.

In Wisconsin, there are some exceptions both to entering an establishment that serves alcohol as well as drinking it on the premises. If the parent, guardian, or spouse of the person is present, a person under 21 can enter the premises of an establishment that is licensed to serve alcohol and can possess or consume alcohol. However, this permission is at the discretion of the establishment, and they can choose not to serve underage people.