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Posted on in Criminal Law

wisconsin paternity lawyerThe State of Wisconsin grants fathers certain rights regarding their children. However, a father must establish his legal relationship to the child before he gains many of these rights. Establishing paternity allows a father to ask the court for custody and visitation, and add his child to his health insurance. Children also gain inheritance rights and access to the father’s social security benefits.

However, accessing any of these rights is difficult if the father cannot establish paternity or, in other words, prove they are the child’s biological father.

Paternity is also relevant to children and mothers. The court cannot issue a child support order unless the paternity of the father is established.

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waukesha county criminal defense lawyerSeeing police lights in your rear-view window is a cause of apprehension. A reel of questions might run through your head, “Why am I being stopped?” “What questions will they ask me?” “Am I in trouble?” Simply being pulled over is enough to make your heart flutter, but your heart rate may elevate dramatically if the officer asks to search your car. At this point, the officer probably suspects serious wrongdoing, and the chance of arrest may have increased.

However, the officer cannot search your vehicle without a valid reason. Due to the Fourth Amendment's protections against unreasonable searches and seizures, police officers can only search a car if there is a reasonable suspicion of wrongdoing. 

When Can Police Search a Vehicle? 

The Constitution protects us from unjustified searches and seizures of personal property. However, the law applies differently to different types of property. Police usually need a search warrant before entering and searching someone's home. However, the expectation for privacy in a vehicle is lower than the expectation of privacy in a vehicle. Consequently, there are a greater number of reasons why police may conduct a warrantless search. 

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b2ap3_thumbnail_shutterstock_356898968.jpgIn the State of Wisconsin, a court may restrict a person’s freedom to go certain places or be near certain people. Such a restriction is imposed using a “restraining” or “protective order.”

A judge usually issues a protective order at the request of someone (“the petitioner”) who feels their personal safety is threatened by the person subject to the order (“the respondent”).

They are most commonly used in cases of stalking, domestic abuse, child abuse, elder abuse, and harassment.

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Waukesha debt division lawyersEven when a divorce is necessary, it is still difficult. Both parties are generally invested in protecting their interests and are likely to be entrenched in their positions.

Although divorce is framed as a fight to retain property and assets, sometimes it is about the things you do not want to keep. A prime example is your soon-to-be ex-spouse’s debt. The thought of being responsible for their poor financial decision making is frustrating and infuriating.

In Wisconsin, the Marital Property Act delegates responsibility for debt incurred by either spouse during marriage. Under the Act, all debt occurred during the marriage is considered jointly shared. The reasoning here is that the debt, even if financed by just one of the spouse’s, is for the benefit of the marriage. For example, if the husband buys a house during the marriage, the wife could still be liable post-divorce, even if only the husband’s name is on the title and mortgage.

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Waukesha divorce lawyersThe lives of married people are often totally intertwined, which is part of what makes divorce so difficult. How do you determine who is entitled to what? The challenge is especially acute in the financial realm. After all, it is often the case that one spouse was mostly or entirely dependent on the income of the other.

In these situations, the dependent spouse will often be granted some form of compensation for his or her continued sustenance post-divorce. Generally, this compensation falls into one of two categories: property distribution or spousal maintenance.

Spousal maintenance or “alimony” is court ordered spousal support in the form of monthly payments made by the supporting spouse to the dependent spouse. Property refers to assets already in the couple’s possession, such as a house, stock dividends, etc.

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