Disorderly Conduct Lawyer in Wisconsin

Charged with Disorderly Conduct under Wis. Stat. § 947.01? Call Chirafisi Anderson, S.C. today for a free confidential consultation.

What the Law Says About Disorderly Conduct

Under Wis. Stat. § 947.01, Disorderly Conduct occurs when in a public or private place, you engage in either violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance. Disorderly Conduct is a Class B misdemeanor.

Although often viewed as “minor,” a Disorderly Conduct charge can carry serious and lasting consequences, particularly when a domestic abuse modifier is alleged or when the charge is filed alongside companion offenses such as Battery, Criminal Damage to Property, or Bail Jumping. Even a single conviction can affect employment opportunities, professional licensing, and future charging decisions in Wisconsin courts.

Chirafisi Anderson, S.C. represents individuals charged with Disorderly Conduct throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties. Our attorneys routinely defend these cases from initial appearance through trial, focusing on early legal challenges, overcharging issues, and resolution strategies designed to protect our clients’ records and their futures.

What the State Must Prove to Convict on Disorderly Conduct in Wisconsin

To convict a person of Disorderly Conduct under Wis. Stat. § 947.01, the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 1900.

Specifically, the State must establish that:

  1. The defendant engaged in conduct that was violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly; and
  2. The conduct occurred under circumstances tending to cause or provoke a disturbance.

The jury instruction makes clear that “otherwise disorderly” is not unlimited and must be evaluated in context, including the time, place, and surrounding circumstances. These elements apply whether the alleged conduct occurred in a public setting or in a private location, including a person’s home.

Penalties and Sentencing for Disorderly Conduct in Wisconsin

Disorderly Conduct is classified as a Class B misdemeanor under Wisconsin law. If convicted, a court may impose the following penalties:

  • Up to 90-days jail
  • Up to $1,000 in fines

Sentencing outcomes vary widely depending on the facts of the case, the presence of prior convictions, and whether the charge is filed alongside companion offenses such as Battery or Bail Jumping. In many cases, courts may consider probation, fines, or alternative dispositions—but jail remains a lawful sentencing option.

Disorderly Conduct with a Domestic Abuse Modifier

When Disorderly Conduct is charged with a domestic abuse modifier, additional consequences may apply, including:

  • $100 domestic abuse surcharge
  • No-contact orders or restraining orders
  • Mandatory treatment or counseling as part of probation

A domestic abuse designation can also have collateral consequences beyond the criminal case, including implications for future charging decisions and court-ordered restrictions during the pendency of the case.

Even when no jail time is imposed, a Disorderly Conduct conviction—particularly one involving a domestic abuse modifier—can have long-term consequences affecting employment, housing, professional licensing, and future interactions with the criminal justice system.

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Common Disorderly Conduct Scenarios in Wisconsin

Disorderly Conduct charges in Wisconsin arise in a wide range of situations and are frequently filed based on the surrounding circumstances rather than any single act. Common scenarios include:

  • Domestic arguments or disputes involving a spouse, partner, or family member
  • Verbal altercations with neighbors, bystanders, or law enforcement
  • Bar or sporting-event incidents including arguments or physical confrontations
  • Noise complaints or protests, disturbances, or repeated calls for service
  • “Catch-all” charges when police believe conduct was inappropriate but no more specific offense clearly applies

Disorderly Conduct is frequently charged alongside other offenses, including Battery, Criminal Damage to Property, and Bail Jumping, particularly in domestic-related cases or situations involving prior court orders.

Defenses and Legal Strategies in Disorderly Conduct Cases

Disorderly Conduct cases are highly fact-specific and often turn on context, intent, and the surrounding circumstances. Because Wis. Stat. § 947.01 is written broadly, effective defense strategies frequently focus on whether the alleged conduct actually met the legal threshold required for a criminal conviction.

Common defense strategies include:

  • Protected Speech vs. Conduct — Not all offensive or profane language is criminal. Courts have held that speech alone, without the intent or tendency to provoke a disturbance, is protected by the First Amendment.
  • Context and Reasonableness — What is “disorderly” depends on context—time, location, and audience matter. A heated argument at home may not be criminal if it did not cause or threaten a public disturbance.
  • No Actual Disturbance — The State must show that the conduct tended to cause or provoke a disturbance; mere rudeness or frustration is insufficient.
  • Self-Defense or Defense of Others — If physical contact occurred, actions taken to protect oneself or another can be justified under Wisconsin’s self-defense statute, § 939.48.
  • Over-broad or Duplicative Charging — When paired with domestic modifiers or battery counts, the defense may challenge overlapping allegations or move to dismiss one charge as cumulative.

Why Hiring a Disorderly Conduct Defense Lawyer Matters

Facing a Disorderly Conduct charge may seem minor at first, but these cases often carry hidden legal and practical consequences, especially when domestic abuse modifiers or companion charges are involved. What begins as a verbal argument or isolated incident can quickly escalate into a criminal case with long-term implications. Because Wisconsin’s disorderly conduct statute is broad, early legal analysis is critical to identifying overcharging, constitutional issues, and weaknesses in the State’s proof. Effective representation can often make the difference between a conviction and a dismissal or favorable resolution.

At Chirafisi Anderson, S.C., our attorneys bring focused criminal defense experience to every Disorderly Conduct case, including:

Local Experience matters. Have extensive experience defending Disorderly Conduct and domestic-related offenses across Southern and Central Wisconsin in Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.

Proven track record of results. A demonstrated record of obtaining dismissals, charge reductions, amendments to municipal citations, and deferred or negotiated resolutions in Disorderly Conduct cases.

Recognized legal excellence. Attorneys recognized by Super Lawyers® and actively involved in state and national criminal defense organizations, with a commitment to protecting clients’ rights at every stage of the case.


Disorderly Conduct Case Results

  • Disorderly Conduct – Rock County (June 2023)

    Result: Case Dismissed
  • Battery and Disorderly Conduct – Sauk County (May 2023)

    Result: All Charges Dismissed
  • Battery & Disorderly Conduct – Green County (June 2022)

    Result: Case Dismissed

View more Case Results from Chirafisi Anderson, S.C.


Contact Chirafisi Anderson, S.C.

If you’ve been cited or arrested for Disorderly Conduct, do not plead guilty or attempt to resolve the case without legal advice. Even a misdemeanor can carry serious and lasting consequences.

Call Chirafisi Anderson, S.C. today for a free consultation with an experienced criminal defense attorney.

Frequently asked questions – Disorderly Conduct Wisconsin

Behavior that is violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly under circumstances tending to cause or provoke a disturbance.

Yes. The statute applies to both public and private conduct, including incidents inside a residence.

No. It can be based solely on words or actions if they are likely to provoke a disturbance.

In many counties, an attorney can negotiate a reduction to a municipal-ordinance citation, avoiding a criminal conviction.

Domestic modifiers carry additional restrictions, including firearm bans and possible mandatory counseling.