968.075(2) (2) Circumstances requiring arrest; presumption against certain arrests.
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. 2. Any of the following apply:
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)(a)2.b. b. There is evidence of physical injury to the alleged victim.
968.075(2)(a)2.c. c. The person is the predominant aggressor.
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)2. 2. Statements made by witnesses.
968.075(2)(ar)3. 3. The relative degree of injury inflicted on the parties.
968.075(2)(ar)4. 4. The extent to which each person present appears to fear any party.
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.
2021-22 Wisconsin Statutes updated through 2023 Wis. Act 39 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 29, 2023. Published and certified under s. 35.18. Changes effective after November 29, 2023, are designated by NOTES. (Published 11-29-23)