WI · jury_instructions
Wis JI-Criminal 2044
Violating a Domestic Abuse Contact Prohibition - § 968.075(5)
Statutory Definition of the Crime
Section 968.075(5) of the Criminal Code of Wisconsin is violated by one who, within
72 hours of an arrest for a domestic abuse incident, intentionally does not avoid [the
residence of the alleged victim of the domestic abuse incident] [any premises temporarily
occupied by the alleged victim] [contacting or causing any person to contact the alleged
victim].
State's Burden of Proof
Before you may find the defendant guilty of this offense, the State must prove by
evidence which satisfies you beyond a reasonable doubt that the following three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant was arrested for a domestic abuse incident.
"Domestic abuse" means (identify the type of conduct specified in
§ 968.075(1)(a)) 1 engaged in by an adult person against [his or her (spouse)
(former spouse)] [an adult with whom the person (resides) (formerly resided)]
[an adult with whom the person has a child in common].
2. The defendant was advised orally and in writing 2 that (he) (she) avoid [the
residence of the alleged victim of the domestic abuse incident] [any premises
temporarily occupied by the alleged victim] [contacting or causing any person to
contact the alleged victim].
3. The defendant intentionally did not avoid [the residence of the alleged victim of
the domestic abuse incident] [any premises temporarily occupied by the alleged
victim] [contacting or causing any person to contact the alleged victim] within 72
hours of the arrest for a domestic abuse incident.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all three elements of this offense
have been proved, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 2044 (2013). Release No. 51, 4/2013. © 2013, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
79c3719e1aba3feb992879ddaddbed2812eaac53c6f84714c0180c76ea44b2c4
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