Posted on June 10, 2025 in OWI/DUI

In Wisconsin, if you have been arrested for driving under the influence, the official charge is operating while intoxicated (OWI). An OWI can have severe repercussions if you are convicted, and you likely have many questions about how the court and the law handle these cases. Part of understanding an OWI charge and building a robust defense is to familiarize yourself with the concept of implied consent and to speak with a Milwaukee OWI defense attorney.

What Is Implied Consent Under Wisconsin Law?

Most people know that law enforcement will ask you to submit to some tests if they stop you on suspicion of drunk driving. However, the question that many have is whether or not you have the right to refuse to take a breathalyzer test. The short answer is no. Wisconsin Statute 343.305 addresses implied consent, and according to this law, anyone issued a driver’s license in the state of Wisconsin consents to chemical testing – typically a breath test – if they are arrested for operating a motor vehicle while intoxicated. 

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 Posted on June 04, 2025 in Divorce

Uncontested divorce is the fastest way to divorce in Wisconsin or any state. You can follow the streamlined process with little interference if you meet the requirements. Learn more about the advantages of an uncontested divorce before talking to an experienced Waukesha County divorce attorney who can help you navigate the process and avoid any potential issues that may slow it down.

What Is an Uncontested Divorce in Wisconsin?

As the name implies, an uncontested divorce refers to a legal process that goes through all the necessary elements of divorce, such as asset division, child custody, and support, that apply to the case without dispute. If you and your spouse agree on the terms of the divorce and do not need the court to intervene, you have an uncontested divorce.

Requirements for an Uncontested Divorce in Wisconsin

The basic requirements for filing for divorce in Wisconsin include:

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 Posted on May 22, 2025 in Drug Charges

Defending a drug possession charge in Wisconsin requires a nuanced understanding of the laws that govern these cases. The first line of defense is to work with an experienced Pewaukee drug crime defense attorney who will gather the evidence needed to provide the most robust method for challenging your charges given the circumstances of your arrest. Consider how these cases are built and what your attorney will do to protect your rights. Even when conviction seems inevitable, a knowledgeable attorney may, at the least, be able to minimize the consequences.

What Are Your Rights When Facing a Drug Possession Charge in Wisconsin?

Understanding your fundamental rights when facing a criminal charge is important. For example, you have the right to refuse to answer any questions from law enforcement until you have a legal representative present, and under Wisconsin law and federal, you are presumed innocent until the prosecution can prove guilt beyond a reasonable doubt. You also have the right to a fair, public trial, allowing you to present evidence in your defense and cross-examine the prosecution’s witnesses. Knowing and asserting your rights is part of building a strong defense strategy.

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 Posted on May 19, 2025 in Child Custody

High-conflict divorce is generally characterized by animosity between spouses and a lack of willingness to compromise. Often, there are valid reasons for hard feelings, but the process becomes even more contentious when children are involved.

When you cannot agree on a custody settlement, a judge may order a custody evaluation to help determine what action to take to protect the child’s best interests. If you are planning to divorce under challenging circumstances, an Oconomowoc, WI high-conflict divorce attorney can answer your questions about custody and other elements of the process.

What Is a Child Custody Evaluation in Wisconsin?

Often, couples will go through mediation to discuss disputes about child custody, with the goal of reaching a compromise. Wisconsin law allows the court to mandate mediation to solve disputes. Typically, mediation is not a reasonable option for high-conflict couples. This is not only because the spouses cannot negotiate in good faith but also because there are often competing claims of bad behavior like abuse.

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 Posted on May 08, 2025 in Juvenile Criminal Defense

In Wisconsin, a juvenile can be arrested and charged with battery if the circumstances surrounding a school fight call for it. If convicted in adult or juvenile court, the consequences can be severe, sometimes causing lasting damage to a child’s reputation and future plans. If your child is facing a battery or related charge for a school fight, a Muskego, WI juvenile court defense attorney can help you understand the charges and possible defenses.

What Does Wisconsin Law Say About Juvenile Battery?

In Wisconsin, battery refers to the intentional causing of bodily harm to someone without their consent. It is a criminal offense of varying degrees and can carry significant penalties. Typically, the court focuses on rehabilitation rather than punishment for juveniles. If tried in juvenile court, your child could face penalties like community service, probation, and counseling.

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 Posted on April 30, 2025 in Property Division

In any divorce, property division can be a point of complexity and contention. In a high-asset divorce, dividing property is often even more complex and challenging. Determining what is marital and nonmarital assets alone can result in major disputes.

Whatever your situation may be, an experienced Waukesha County, WI high-asset divorce attorney will fight to protect your right to fair distribution. Without legal representation, you may risk losing assets or portions of assets that are rightfully yours.

What Is the Difference Between a High-Asset Divorce and a Standard Divorce?

The complexity and value of assets are what differentiates a high-asset divorce from a standard divorce. Some characteristics of high-asset divorce include:

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 Posted on April 23, 2025 in Divorce

Domestic violence is always devastating. Too often, people living with an abusive spouse feel trapped because the uncertainties of divorce can leave them fearful, especially if they have children with the abuser. Currently, Wisconsin remains a no-fault divorce state, which means that you can leave without proving wrongdoing. Additionally, there are legal protections that could help keep you and your child safe, and an experienced Waukesha County, WI divorce attorney can help you understand your options.

Filing for Divorce When Your Spouse Is Abusive

Being afraid for your safety can make filing for divorce much more intimidating. It is not uncommon for victims of an abusive spouse to delay divorce for fear of retaliation. Sometimes, feelings of shame can cause you to hide the truth, especially in a no-fault divorce state, where you may feel it is unnecessary to disclose this information. Realistically, telling your attorney about the abuse right away is important, especially if your spouse has been criminally charged with domestic violence under Wisconsin law.   

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 Posted on April 17, 2025 in Criminal Law

In Wisconsin, there is more to shoplifting, or retail theft, than just taking an item without paying. Several other actions constitute shoplifting and can have severe penalties. The regulations that apply to these charges can be complex. If you were recently arrested for and charged with retail theft, a Milwaukee area shoplifting defense attorney can offer insight into the legal process and provide experienced representation.

What Counts as Shoplifting?

According to the Wisconsin statute for retail theft, actions that intend to "deprive the merchant permanently of possession of the full purchase price of the merchandise or property" counts as shoplifting. The following actions are punishable by retail theft law:

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 Posted on April 10, 2025 in Criminal Defense

Disorderly conduct has a broad definition in Wisconsin. It covers a range of actions, from violent or abusive behavior to indecent language in public. Any action that can frighten or disturb others could be disorderly. If you are facing a disorderly conduct charge, a Waukesha, WI disorderly conduct defense lawyer may be able to help you fight the charges. The first step is understanding the reason behind your arrest and your side of the story.

What Are Some Examples of Disorderly Conduct?

There is no way to cover every possible example of disorderly conduct, but some common actions that have led to this charge include:

• Verbal disagreements in public that disturb others

• Physical altercations that could also result in assault charges 

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 Posted on March 26, 2025 in Family Law

Custody issues are well-known for getting extremely contentious in some cases. To that end, one parent may sometimes request that the other submit to a drug test. This would come into play when one parent believes the other is an unfit parent and does not deserve any level of custody or visitation or is requesting supervised visitation. While a serious drug problem can be a factor in determinations of child custody, it may seem that undergoing drug testing is a violation of the parent’s privacy.  

Yet, Wisconsin Statute Section 804.10 grants the court the authority to make such an order when the mental or physical condition of a person is at issue. In fact, under this law, the court can order a physical, mental, or vocational examination after a motion to show cause is filed and cause is properly shown. Whether there is sufficient basis to request a drug test is within the court’s discretion since the law only requires that some cause be shown and does not require that cause to be compelling.  

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