Wisconsin Statutes
Wis. Stat. § 968.075 (2026)
Domestic abuse incidents; arrest and prosecution
✓ current as of July 2026
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968.075(1)(a)(a) “Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common:
968.075(1)(a)4.4. A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described under subd. 1., 2. or 3.
968.075(1)(e)(e) “Predominant aggressor” means the most significant, but not necessarily the first, aggressor in a domestic abuse incident.
968.075(2)(a)(a) Notwithstanding s. 968.07 (1) and except as provided in pars. (am) and (b), a law enforcement officer shall arrest and take a person into custody if:
968.075(2)(a)1.1. The officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person’s actions constitute the commission of a crime; and
968.075(2)(a)2.a.a. The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely.
968.075(2)(am)(am) Notwithstanding s. 968.07 (1), unless the person’s arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (3g) (b) or sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor.
968.075(2)(ar)(ar) In order to protect victims from continuing domestic abuse, a law enforcement officer shall consider all of the following in identifying the predominant aggressor:
968.075(2)(ar)1.1. The history of domestic abuse between the parties, if it can be reasonably ascertained by the officer, and any information provided by witnesses regarding that history.
968.075(2)(ar)5.5. Whether any party is threatening or has threatened future harm against another party or another family or household member.
968.075(2)(ar)6.6. Whether either party acted in self-defense or in defense of any other person under the circumstances described in s. 939.48.
968.075(2)(b)(b) If the officer’s reasonable grounds for belief under par. (a) 1. are based on a report of an alleged domestic abuse incident, the officer is required to make an arrest under par. (a) only if the report is received, within 28 days after the day the incident is alleged to have occurred, by the officer or the law enforcement agency that employs the officer.
968.075(2m)(2m) Immediate release prohibited. Unless s. 968.08 applies, a law enforcement officer may not release a person whose arrest was required under sub. (2) until the person posts bail under s. 969.07 or appears before a judge under s. 970.01 (1).
968.075(3)(a)(a) Each law enforcement agency shall develop, adopt, and implement written policies regarding procedures for domestic abuse incidents. The policies shall include, but not be limited to, the following:
968.075(3)(a)1.a.a. A statement emphasizing that in most circumstances, other than those under sub. (2), a law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person’s actions constitute the commission of a crime.
968.075(3)(a)1.c.c. A statement emphasizing that a law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim to any subsequent prosecution or on the relationship of the parties.
968.075(3)(a)1.d.d. A statement emphasizing that a law enforcement officer’s decision not to arrest under this section may not be based solely upon the absence of visible indications of injury or impairment.
968.075(3)(a)1.e.e. A statement discouraging, but not prohibiting, the arrest of more than one party.
968.075(3)(a)1.f.f. A statement emphasizing that a law enforcement officer, in determining whether to arrest a party, should consider whether he or she acted in self-defense or in defense of another person.
968.075(3)(a)3.3. A procedure for notifying the alleged victim of the incident of the provisions in sub. (5), the procedure for releasing the arrested person and the likelihood and probable time of the arrested person’s release.
968.075(3)(a)4.4. A procedure that requires a law enforcement officer, if the law enforcement officer has reasonable grounds to believe that a person is committing or has committed domestic abuse, to inform the victim of the availability of shelters and services in his or her community, including using lists available under ss. 49.165 (4) (b) and 165.93 (4) (b); to give notice of legal rights and remedies available to him or her; and to provide him or her with a statement that reads substantially as follows: “If you are the victim of domestic abuse, you may contact a domestic violence victim service provider to plan for your safety and take steps to protect yourself, including filing a petition under s. 813.12 of the Wisconsin statutes for a domestic abuse injunction or under s. 813.125 of the Wisconsin statutes for a harassment injunction.”
968.075(3)(am)(am) The policies under par. (a) may provide that the law enforcement agency will share information with organizations that are eligible to receive grants under s. 49.165 (2) or 165.93 (2).
968.075(3)(b)(b) In the development of these policies, each law enforcement agency is encouraged to consult with community organizations and other law enforcement agencies with expertise in the recognition and handling of domestic abuse incidents.
968.075(3)(c)(c) This subsection does not limit the authority of a law enforcement agency to establish policies that require arrests under more circumstances than those set forth in sub. (2), but the policies may not conflict with the presumption under sub. (2) (am).
968.075(4)(4) Report required where no arrest. If a law enforcement officer does not make an arrest under this section when the officer has reasonable grounds to believe that a person is committing or has committed domestic abuse and that person’s acts constitute the commission of a crime, the officer shall prepare a written report stating why the person was not arrested. The report shall be sent to the district attorney’s office, in the county where the acts took place, immediately after investigation of the incident has been completed. The district attorney shall review the report to determine whether the person involved in the incident should be charged with the commission of a crime.
968.075(5)(a)1.1. Unless there is a waiver under par. (c), during the 72 hours immediately following an arrest for a domestic abuse incident, the arrested person shall avoid the residence of the alleged victim of the domestic abuse incident and, if applicable, any premises temporarily occupied by the alleged victim, and avoid contacting or causing any person, other than law enforcement officers and attorneys for the arrested person and alleged victim, to contact the alleged victim.
968.075(5)(a)2.2. An arrested person who intentionally violates this paragraph may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
968.075(5)(b)1.1. Unless there is a waiver under par. (c), a law enforcement officer or other person who releases a person arrested for a domestic abuse incident from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements under par. (a), the consequences of violating the requirements and the provisions of s. 939.621. The arrested person shall sign an acknowledgment on the written notice that he or she has received notice of, and understands the requirements, the consequences of violating the requirements and the provisions of s. 939.621. If the arrested person refuses to sign the notice, he or she may not be released from custody.
968.075(5)(b)2.2. If there is a waiver under par. (c) and the person is released under subd. 1., the law enforcement officer or other person who releases the arrested person shall inform the arrested person orally and in writing of the waiver and the provisions of s. 939.621.
968.075(5)(b)3.3. Failure to comply with the notice requirement under subd. 1. regarding a person who is lawfully released from custody bars a prosecution under par. (a), but does not affect the application of s. 939.621 in any criminal prosecution.
968.075(5)(c)(c) At any time during the 72-hour period specified in par. (a), the alleged victim may sign a written waiver of the requirements in par. (a). The law enforcement agency shall have a waiver form available.
968.075(5)(d)(d) The law enforcement agency responsible for the arrest of a person for a domestic abuse incident shall notify the alleged victim of the requirements under par. (a) and the possibility of, procedure for and effect of a waiver under par. (c).
968.075(5)(e)(e) Notwithstanding s. 968.07 (1), a law enforcement officer shall arrest and take a person into custody if the officer has reasonable grounds to believe that the person has violated par. (a).
968.075(6)(6) Conditional release. A person arrested and taken into custody for a domestic abuse incident is eligible for conditional release. Unless there is a waiver under sub. (5) (c), as part of the conditions of any such release that occurs during the 72 hours immediately following such an arrest, the person shall be required to comply with the requirements under sub. (5) (a) and to sign the acknowledgment under sub. (5) (b). The arrested person’s release shall be conditioned upon his or her signed agreement to refrain from any threats or acts of domestic abuse against the alleged victim or other person.
968.075(6m)(6m) Officer immunity. A law enforcement officer is immune from civil and criminal liability arising out of a decision by the officer to arrest or not arrest an alleged offender, if the decision is made in a good faith effort to comply with this section.
968.075(7)(7) Prosecution policies. Each district attorney’s office shall develop, adopt and implement written policies encouraging the prosecution of domestic abuse offenses. The policies shall include, but not be limited to, the following:
968.075(7)(a)(a) A policy indicating that a prosecutor’s decision not to prosecute a domestic abuse incident should not be based:
968.075(7)(a)2.2. Upon the victim’s consent to any subsequent prosecution of the other person involved in the incident; or
968.075(7)(b)(b) A policy indicating that when any domestic abuse incident is reported to the district attorney’s office, including a report made under sub. (4), a charging decision by the district attorney should, absent extraordinary circumstances, be made not later than 2 weeks after the district attorney has received notice of the incident.
968.075(8)(8) Education and training. Any education and training by the law enforcement agency relating to the handling of domestic abuse complaints shall stress enforcement of criminal laws in domestic abuse incidents and protection of the alleged victim. Law enforcement agencies and community organizations with expertise in the recognition and handling of domestic abuse incidents shall cooperate in all aspects of the training.
968.075(9)(a)(a) Each district attorney shall submit an annual report to the department of justice listing all of the following:
968.075(9)(a)1.1. The number of arrests for domestic abuse incidents in his or her county as compiled and furnished by the law enforcement agencies within the county.
968.075(9)(a)1m.1m. The number of responses law enforcement made that involved a domestic abuse incident that did not result in an arrest.
968.075(9)(a)2.2. The number of subsequent prosecutions and convictions of the persons arrested for domestic abuse incidents.
968.075(9)(b)(b) The listing of the number of arrests, prosecutions and convictions under par. (a) shall include categories by statutory reference to the offense involved and include totals for all categories.
968.075 HistoryHistory: 1987 a. 346; 1989 a. 293; 1993 a. 319; 1995 a. 304; 2005 a. 104; 2011 a. 267; 2013 a. 168 s. 20; 2013 a. 323; 2015 a. 352.
968.075 NoteNOTE: 1987 Wis. Act 346, which created this section, states the legislative intent and purpose in section 1.
968.075 AnnotationQuestions by an officer prior to an arrest to determine which spouse was the primary physical aggressor under sub. (3) (a) 1. b. were investigatory, and Miranda, 384 U.S. 436 (1966), warnings were not required when the defendant was not deprived of freedom or questioned in a coercive environment. State v. Leprich, 160 Wis. 2d 472, 465 N.W.2d 844 (Ct. App. 1991).
968.075 AnnotationWarrantless arrest and detention for bail jumping, s. 946.49, is authorized if probable cause exists that the arrestee violated the contact prohibition in sub. (5) (a) 1. after being released under ch. 969. 78 Atty. Gen. 177.
968.075 AnnotationThis section applies to roommates living in university residence halls, whether privately or state owned. If criteria requiring arrest under sub. (2) exist, a law enforcement officer must make a custodial arrest. 79 Atty. Gen. 109.
968.075 AnnotationA Prosecutor’s View of Elder Abuse. Hanrahan. Wis. Law. Sept. 2000.
Notes of Decisions
Cited in 42
cases (18 in the last 5 years), 1991–2026 · leading case: Anderson v. City of West Bend Police Dep't, 774 F. Supp. 2d 925 (E.D. Wis. 2011).
Anderson v. City of West Bend Police Dep't, 774 F. Supp. 2d 925 (E.D. Wis. 2011). “Furthermore, under Wis. Stat. § 968.075 , the officer shall arrest and take a person into custody if the officer has a reasonable basis for believing that one is committing or has committed domestic abuse and either the officer has a reasonable basis for believing there will be…”
State v. Fernando Ortiz-Mondragon, 2015 WI 73 (Wis. 2015). “Each count included a domestic abuse enhancer under Wis. Stat. § 968.075 . All of the counts stemmed from one incident that occurred on September 12, 2012.”
State v. Luis C. Salinas, 2016 WI 44 (Wis. 2016). “44 (1), and Wis. Stat. § 968.075 (1)(a). One count listed M.”
State v. Theophilous Ruffin, 2022 WI 34 (Wis. 2022). “5 See Wis. Stat. § 968.075 (1)(a). 6To protect the dignity and privacy of the victim, we use initials that do not correspond to her real name.”
State v. James Elvin Lagrone, 2016 WI 26 (Wis. 2016). “§ 968.075 (1)(a) (2011-12). ¶8 On May 13, 2011, Lagrone's attorney informed the Milwaukee County circuit court5 that she had reason to doubt Lagrone's competency.”
Hanson v. Dane Cnty., 599 F. Supp. 2d 1046 (W.D. Wis. 2009). “In this case, the question is whether defendants had probable cause that plaintiff had engaged in domestic abuse of a spouse in violation of Wis. Stat. § 968.075 . The elements for this crime are (1) intentional infliction of physical pain, physical injury or illness; (2)…”
Kemper Indep. Ins. Co. v. Ismet Islami, 2021 WI 53 (Wis. 2021). “This erroneous determination——that there is no genuine issue of material fact regarding whether Ydbi's actions constitute domestic abuse——is based on a misreading of the plain statutory language of Wis. Stat. § 968.075 (1)(a)4. ¶38 In misconstruing Wis.”
State v. Edwards, 2013 WI App 51 (Wis. Ct. App. 2013). “Domestic abuse is defined in Wis. Stat. § 968.075 (l)(a): (a) "Domestic abuse" means any of the following engaged in by an adult person against.”
Kemper Indep. Ins. Co. v. Ismet Islami, 2021 WI 53 (Wis. 2021). “This erroneous determination——that there is no genuine issue of material fact regarding whether Ydbi's actions constitute domestic abuse——is based on a misreading of the plain statutory language of Wis. Stat. § 968.075 (1)(a)4. ¶38 In misconstruing Wis.”
Daniel Doubek v. Joshua Kaul, 2022 WI 31 (Wis. 2022). “§ 968.075 (1)(a). This opinion uses "domestic abuse" and "domestic violence" interchangeably.”
Losinski v. Cnty. of Trempealeau, 946 F.2d 544 (7th Cir. 1991). “Sheriff McBride (Count IV) Plaintiffs claim that Sheriff McBride failed to develop procedures for handling domestic abuse situations, failed to implement the “mandatory arrest” requirement of Wis.Stat. § 968.075 and failed to train his deputies adequately to protect Julie.”
State v. Leprich, 465 N.W.2d 844 (Wis. Ct. App. 1991). “Section 968.075(3) (a) lb. provides, in part: When the officer has reasonable grounds to believe that spouses, former spouses or other persons who reside together or formerly resided together are committing or have committed domestic abuse against each other, the officer does…”
— Wis. Stat. § 968.075(1)(a) — 16 cases
Off. of Lawyer Reg. v. Osman A. Mirza, 2025 WI 6 (Wis. 2025).
Kemper Indep. Ins. Co. v. Ismet Islami, 2021 WI 53 (Wis. 2021). “This erroneous determination——that there is no genuine issue of material fact regarding whether Ydbi's actions constitute domestic abuse——is based on a misreading of the plain statutory language of Wis. Stat. § 968.075 (1)(a)4. ¶38 In misconstruing Wis.”
Kemper Indep. Ins. Co. v. Ismet Islami, 2021 WI 53 (Wis. 2021). “This erroneous determination——that there is no genuine issue of material fact regarding whether Ydbi's actions constitute domestic abuse——is based on a misreading of the plain statutory language of Wis. Stat. § 968.075 (1)(a)4. ¶38 In misconstruing Wis.”
State v. Barwick, 921 N.W.2d 532 (Wis. Ct. App. 2018).
Travis Lee Schinke v. Joshua Kaul (Wis. Ct. App. 2025).
— Wis. Stat. § 968.075(1)(e) — 1 case
William Louis Hughes v. Allstate Indem. Co. (Wis. Ct. App. 2019).
— Wis. Stat. § 968.075(2) — 2 cases
Losinski v. Cnty. of Trempealeau, 946 F.2d 544 (7th Cir. 1991). “Sheriff McBride (Count IV) Plaintiffs claim that Sheriff McBride failed to develop procedures for handling domestic abuse situations, failed to implement the “mandatory arrest” requirement of Wis.Stat. § 968.075 and failed to train his deputies adequately to protect Julie.”
City of Whitewater v. Douglas E. Kosch (Wis. Ct. App. 2023).
— Wis. Stat. § 968.075(3) — 1 case
State v. Leprich, 465 N.W.2d 844 (Wis. Ct. App. 1991). “Section 968.075(3) (a) lb. provides, in part: When the officer has reasonable grounds to believe that spouses, former spouses or other persons who reside together or formerly resided together are committing or have committed domestic abuse against each other, the officer does…”
— Wis. Stat. § 968.075(5) — 1 case
State v. Vinje, 548 N.W.2d 118 (Wis. Ct. App. 1996).
— Wis. Stat. § 968.075(l)(a) — 1 case
State v. Edwards, 2013 WI App 51 (Wis. Ct. App. 2013). “Domestic abuse is defined in Wis. Stat. § 968.075 (l)(a): (a) "Domestic abuse" means any of the following engaged in by an adult person against.”
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