When Police Are Called To A House
Wis. Stat. 968.075 — arrest required where abuse is likely to continue, there is injury, or the person is the predominant aggressor
When arrest is required. An officer arrests a person the officer has reasonable grounds to believe committed domestic abuse that is a crime, if continued abuse is likely, there is evidence of physical injury, or the person is the predominant aggressor.
The predominant aggressor. The predominant aggressor is the most significant, but not necessarily the first, aggressor. Once identified, it is generally not appropriate to arrest anyone else under that rule.
- The history of domestic abuse between the parties.
- Statements made by witnesses.
- The relative degree of injury.
- The extent to which each person appears to fear any party.
- Threats of future harm.
- Whether either party acted in self-defense.
Those are what the officer considers in identifying the predominant aggressor.
The offenses themselves, protective orders, and release conditions are set out in other sections that are not on this page. What happens in a particular case is a question for a licensed Wisconsin attorney.
Sources for this section (1)
- Wis. Stat. 968.075 — Domestic abuse incidents: arrest and the predominant aggressor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.