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Dec 22 2014

Wisconsin Domestic Abuse – the definition

The domestic abuse injunction statute provides that the court or commissioner granting an injunction must find “reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.”See Wis. Stat. § 813.12(4).[1][3] “Domestic abuse” is defined as an act with a particular relationship. The acts include:

  1. Intentional infliction of physical pain, physical injury or illness.
  2. Intentional impairment of physical condition.
  3. A violation of Wis. Stat. § 940.225 (1), (2) or (3).
  4. A violation of Wis. Stat. § 940.32.
  5. A violation of Wis. Stat. § 943.01, involving property that belongs to the individual.
  6. A threat to engage in the conduct under subd. 1., 2., 3., 4., or 5.

Further the acts must be engaged in by

  • An adult family member or adult household member against another adult family member or adult household member,
  • By an adult caregiver against an adult who is under the caregiver’s care,
  • By an adult against his or her adult former spouse,
  • By an adult against an adult with whom the individual has or had a dating relationship, or
  • By an adult against an adult with whom the person has a child in common.
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