Domestic Violence Attorney in Madison

Madison Domestic Violence Attorney

Rick Coad is an experienced domestic violence defense attorney in Madison, Wisconsin. Call him today for a free consultation.

If you have been charged with domestic violence in Madison, WI, including battery, or domestic disorderly conduct, both of which are considered domestic violence or domestic abuse charges, you will benefit from the help of an experienced domestic violence defense attorney. Rick Coad has been named by Super Lawyers 15 times, named to Best Lawyers in America in 2026, and is considered one of the best defense lawyers in Madison for domestic abuse charges.

Often times domestic violence charges stem from an argument between people in a romantic relationship where the police are called. Most people don’t know that when the police are called to a domestic disturbance, they will almost always arrest one of the people involved in the disturbance even if there is no clear physical evidence of any type of battery or injury. Being charged with domestic battery can ruin your reputation and have consequences you never thought you’d experience.These charges can cause a major disruption to your life and well being.

What is Domestic Violence in Wisconsin?

In Wisconsin, a person commits the crime of domestic violence by committing battery, inflicting pain or fear, or assaulting a person in his or her family or household. Domestic battery involves a battery against a domestic partner, which can include a girlfriend, boyfriend, wife or husband.  By definition a battery is when someone causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person, which is a Class A misdemeanor under Wis. Stat. Sec. 940.19(1).

What are the Penalties for Domestic Battery?

• Class A misdemeanors carry penalties of 9 months in jail and a fine up to $10,000. When a person commits a battery against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child then a surcharge of $100 must be imposed under Wis. Stat. Sec. 973.055.
• A battery is a felony under Sec. 940.19 if there is bodily harm, or great bodily harm.
• A collateral consequence to a domestic battery conviction – even a misdemeanor – is that it carries a lifetime firearm ban under federal law (Lautenberg Amendment).

What is Domestic Disorderly Conduct in Wisconsin?

Often times a person will be charged with disorderly conduct with a domestic abuse modifier in addition to battery, which is also a misdemeanor under Wis. Stat. Sec. 947.01(1). But if there is a domestic incident without evidence of physical contact that causes pain then the police can still arrest someone for disorderly conduct. We think of it as a lesser domestic violence charge. In general, disorderly conduct is charged if a person is unreasonably loud (yelling), profane (swearing), or verbally abusive.

What are the Penalties for Domestic Disorderly Conduct?

The penalties for disorderly conduct are 90 days in jail, and a $1,000 fine, and a domestic violence surcharge. As you can see these penalties are significantly less serious than those for domestic battery.

What Should I Do if I’m Arrested for Domestic Battery or Domestic Disorderly Conduct?

You can best protect yourself by:

• Don’t make a statement to the police. Stand on your right to remain silent without a lawyer present
• Keep any evidence that supports your side of the story that you may have on your phone
• Follow a 72 hour no contact order if issued

For more on what to do in the first 72 hours after a domestic violence arrest, check out our in depth post.

Being accused of domestic abuse is a serious charge that can change your life. Our skilled domestic battery lawyers in Madison, WI can help you get domestic violence charges reduced or dismissed. Contact us today for a free consultation.

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Domestic Abuse Defense: Frequently Asked Questions

What happens during the first 72 hours after a domestic arrest in Wisconsin?

In Wisconsin, a domestic abuse arrest triggers a mandatory 72-hour no-contact period (unless waived by the alleged victim). Even if the alleged victim wants to see you, you cannot have any contact with them—directly or through a third party—for three days. Violating this is a separate criminal offense. Contacting a lawyer immediately during this window is critical to prepare for your initial appearance and to request a modification of bond conditions.

Can the victim “drop the charges” in a Wisconsin domestic violence case?

No. In Wisconsin, the victim does not have the legal authority to drop criminal charges. Once the police make an arrest, the decision to prosecute rests solely with the District Attorney’s office. While a victim’s statement is important, the State can proceed with a case even if the victim no longer wishes to cooperate.

Will I lose my right to own a firearm if convicted of domestic battery?

Yes. Under the federal Lautenberg Amendment, any person convicted of a “misdemeanor crime of domestic violence” is prohibited for life from possessing a firearm or ammunition. Because this is a federal ban, it applies even if the Wisconsin judge does not explicitly mention it. This is why it is vital to fight for a dismissal or a reduction to a non-domestic charge.

What is the difference between Domestic Battery and a Domestic Abuse Injunction?

• Domestic Battery is a criminal charge brought by the State that can result in jail time and a criminal record.
• A Domestic Abuse Injunction (Restraining Order) is a civil matter. However, a finding in a restraining order hearing can be used against you in your criminal case. We strongly recommend having legal representation at your injunction hearing to protect your rights in the criminal proceeding.

Coad Law Office is located in Madison, WI, and defends people charged with Domestic Battery / Domestic Disorderly Conduct / Domestic Abuse throughout the state, including: Dane County, Columbia County, Walworth County, Jefferson County, Sauk County, Dodge County, Iowa County, Green County, Rock County, Waukesha County, Fond du Lac County, Richland County, Juneau County and many others.