This section explains what types of proof typically persuade a court or prosecutor in Wisconsin when someone claims they were assaulted. Criminal and civil claims use different legal standards and sometimes different kinds of evidence, so start by knowing which path you are pursuing.

Criminal versus Civil: different standards of proof

In a criminal case the state must prove guilt beyond a reasonable doubt. In Wisconsin criminal offenses related to bodily harm and violent conduct appear in Chapter 940 of the Wisconsin Statutes: Wis. Stat. ch. 940. In a civil (tort) case — often called assault and/or battery — the injured person must show it is more likely than not that the defendant caused the harm (preponderance of the evidence). The type of evidence that helps both claims overlaps a lot, but courts and juries apply different burdens before awarding criminal punishment versus civil damages.

Core things to prove

• That an act occurred — physical contact or an immediate, reasonable apprehension of harmful contact.
• The actor’s state of mind — intentional, knowing, or reckless behavior when required by the charge or claim.
• The causal link between the act and any injury or harm claimed.
• Identity of the person who committed the act.

Strong types of evidence and how they help

Collecting multiple independent types of evidence strengthens a case. Useful categories include:

1) Eyewitness statements

Independent witnesses who saw the incident can provide direct accounts of what happened and who acted. Get names and contact information as soon as you can.

2) Photographs and video

Photos of injuries, the scene, torn or bloodied clothing, and surveillance or phone video are especially persuasive. Time-stamped video or footage from cameras near the scene reduces disputes about timing or sequence.

3) Medical records and clinician testimony

Emergency department notes, photographs taken by medical staff, diagnostic tests, and bills document injury and treatment. Medical records also establish a timeline and severity of injury. Keep originals and request copies for your attorney.

4) Police reports and 911/audio records

Police reports document what officers observed, statements taken at the scene, and whether officers found probable cause to charge. 911 call recordings and dispatch logs can show how events unfolded and any statements made soon after the incident.

5) Physical evidence and forensics

Preserve clothing, torn objects, blood swabs, or other physical items. Laboratories can test and connect biological material or trace evidence to a person if chain of custody is maintained.

6) Electronic messages and social media

Texts, direct messages, emails, and social media posts can show threats, admissions, or a pattern of behavior. Save screenshots, preserve metadata when possible, and avoid editing or deleting messages.

7) Contemporaneous notes and a timeline

Write down your own recollection as soon as possible while details are fresh. A clear timeline of events helps investigators and lawyers piece together evidence.

8) Pattern evidence

Prior incidents, threats, or similar communications (if admissible) can show motive or a pattern, especially in domestic violence or stalking contexts. Courts apply rules on admitting prior-bad-act evidence, so preserve this material and let counsel handle presentation.

Evidence considerations specific to Wisconsin procedure

Because criminal statutes addressing bodily harm and violence are in Wis. Stat. ch. 940, prosecutors will evaluate whether available evidence satisfies the elements of the charged offense. If you report an assault to police, expect officers to collect and document evidence; ask how to obtain a copy of the report. For civil claims, your attorney will use similar evidence to establish liability and damages under Wisconsin tort principles.

How to preserve and present evidence

1. Get prompt medical attention and keep all records and bills.
2. Photograph injuries and the scene immediately and repeatedly while they remain unchanged.
3. Preserve clothing and other physical items in paper bags (avoid plastic if biological material is present) and store them securely.
4. Save electronic communications and social-media posts; export messages rather than only screenshots when possible.
5. Obtain police report numbers, officer names, and 911 recording identifiers.
6. Write down names and contact details of witnesses while memories are fresh.
7. Do not alter, launder, or repair items that may be evidence; altering can harm your credibility and admissibility.
8. Keep copies of everything you give to police or medical providers.

What to expect when you contact an attorney

A lawyer will evaluate strength of the evidence, advise whether to pursue criminal charges (by reporting to law enforcement) or a civil claim, and help preserve additional proof. For criminal matters, prosecutors decide whether to file charges; your attorney can communicate with prosecutors or help victims’ advocates coordinate services.

When evidence may be weak

Assault cases sometimes rely on credibility contests. If direct physical evidence is limited, consistent contemporaneous statements, multiple independent witness accounts, and credible medical documentation become more important. An attorney can identify gaps and develop alternative proof strategies (for example, cumulative circumstantial evidence).

Next steps to protect yourself

If you feel unsafe, contact law enforcement, seek immediate medical care, and consider protective measures. Community victim services and the Wisconsin Department of Justice victim resources can connect you with counseling and safety planning: Wisconsin DOJ Office of Crime Victims Services.

Important: This summary explains types of evidence that commonly support assault claims in Wisconsin and points to the criminal statute chapter covering violent offenses: Wis. Stat. ch. 940. It is not comprehensive or tailored legal advice.

Disclaimer: This information is educational and does not constitute legal advice. Consult a licensed Wisconsin attorney to evaluate your specific situation.