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Recent Blog Posts
When Can a Person Be Charged With Aggravated Battery in Wisconsin?
Under Wisconsin law, battery is defined as intentionally causing bodily harm to someone else. This offense is sometimes referred to as assault, and it may apply in a variety of situations, such as when an argument escalates out of control and turns into a fight in which one person injures the other. While battery is usually charged as a misdemeanor, there are some circumstances where it may result in felony charges for either substantial battery or aggravated battery. By understanding when these charges may apply, a person who is accused of assaulting someone else or engaging in behaviors that are considered battery can determine their options for defending against a conviction and avoiding or minimizing the penalties that may apply.
When Can Battery Be Charged as a Felony?
The key issue that may affect battery charges will be related to the forms of bodily harm that were allegedly inflicted. Bodily harm will generally involve physical injuries that caused pain or resulted in illnesses or impairments. In cases of minor bodily harm, such as bruises or small cuts and scrapes, battery may result in Class A misdemeanor charges. A person who is convicted of a Class A misdemeanor may be sentenced to up to nine months in jail and fined up to $10,000.
4 Issues That Can Make the Divorce Process More Difficult
The decision to file for divorce and the process of ending a marriage are rarely easy. If you are in this situation, you are likely to experience difficult emotions and significant stress related to the changes in your life, your ability to meet your financial needs, and conflict with your spouse. Even if you and your spouse have agreed to take a cooperative approach to your divorce while avoiding conflict as much as possible, there are numerous issues that may arise during the process of dissolving your marriage. By understanding the challenges and complications you may encounter, you can determine the best ways to navigate these issues and successfully complete your divorce.
Complications That May Arise During the Divorce Process
During your divorce, you will need to address many different issues, including deciding how to divide your marital property, resolving concerns about the custody of your children, and determining whether financial support will be paid by one party to the other. As you work to resolve these issues and negotiate a divorce settlement, you may encounter challenges related to:
Can Spousal Support Payments Be Modified After a Divorce?
Going through a divorce can be a trying time for both parties. However, even after the divorce is finalized, financial issues can continue to be a significant source of stress. In many cases, some of the most significant financial concerns for divorced individuals will be related to spousal support payments. In Wisconsin, these payments can be awarded to one spouse to help them maintain their standard of living after the divorce. But what happens when circumstances change, and the original spousal support orders are no longer sustainable? For ex-spouses, it is important to understand when spousal support payments can be modified after a Wisconsin divorce and what factors will come into play when addressing these issues.
Changes in Circumstances That May Allow for Spousal Support Modifications
When Can a Person Be Charged With Domestic Battery in Wisconsin?
When accusations of domestic violence occur, there are multiple ways that a person and their family can be affected. Someone who is arrested based on these accusations may face multiple types of criminal charges, including domestic battery. This is a serious crime under Wisconsin law, and it can have significant consequences for the accused. Being charged with domestic battery can result in severe penalties, including jail time, and accusations of domestic abuse can have a significant impact on a person's personal and professional life. It is essential for criminal defendants to understand the factors that can lead to criminal charges, the specific crimes they are accused of, and the consequences of a conviction.
Battery, Substantial Battery, and Aggravated Battery in Wisconsin
Under Wisconsin law, domestic abuse is defined as intentionally causing injuries or physical pain to a spouse or former spouse, an adult who lives in the same home or previously resided with the alleged perpetrator, or the other parent of a person's child. It may also involve committing an act of sexual assault against a person or threatening or intimidating them in a way that causes them to fear that they will suffer bodily harm.
Wisconsin Parenting Plans for Divorced Parents
Divorce can be a challenging and stressful experience. When parents in Wisconsin get divorced, they are required to create a parenting plan that outlines how they will share the responsibilities of raising their children. A parenting plan is crucial to the divorce process because it guarantees that both parents remain involved in their children's lives and that the children's well-being is prioritized.
Key Aspects of Wisconsin Parenting Plans
Legal Custody
In Wisconsin, legal custody is defined as the right to make major decisions about the children’s lives, such as their education, medical care, and religious upbringing. When creating a parenting plan, parents must decide whether they will have joint legal custody or whether one parent will have sole legal custody.
Physical Placement
Physical placement refers to the schedule of when the children will be with each parent. In Wisconsin, the law assumes that joint physical placement is in the best interests of the children unless there is evidence to the contrary. Parents must create a placement schedule that outlines when the children are with which parent, including holidays and vacations.
How Are Retirement Accounts and Pensions Divided in a Divorce?
Retirement accounts and pensions are often among the largest assets in a married couple’s estate. When a couple decides to get a divorce, these assets must be divided between the spouses alongside multiple other types of marital property. It is important to understand the issues that will need to be considered when dividing retirement benefits. This can ensure that the financial interests of both spouses will be protected, and it can help them make informed decisions about their future.
Options for Dividing Retirement Accounts and Pensions
Retirement savings accounts, including 401Ks or IRAs, usually consist of money that is deducted from a person's income and invested in financial funds. These accounts will grow over time, providing the account holder with income they can use to meet their needs after their retirement. Pension benefits are similar, although they usually will not require deductions from a person's income. Instead, they will consist of ongoing benefits that will be paid from a pension fund after retirement.
How Can Child Support Orders Be Enforced in Wisconsin?
If you are a divorced parent in Wisconsin who is owed child support, you may be wondering about your options for enforcing the court's orders and ensuring that the other parent provides the financial support your children need. The good news is that there are a number of methods that can be used to enforce child support orders in Wisconsin. By understanding the options available and working with an attorney to address these issues, you can take steps to ensure that your ex complies with the court's orders.
Methods of Child Support Enforcement in Wisconsin
When child support orders are put in place by a family court judge, a parent will be required to make all payments on time and in full. Any missed payments must be made up, and interest will be charged until the past-due amounts are paid off. In situations where a parent has not met their obligations, courts may take actions such as:
How Will a Divorce Affect My Family Business?
A divorce can be a difficult and emotional situation for your entire family. As you and your spouse address issues related to the end of your marriage, you will need to separate multiple aspects of your lives, including determining where each of you will live and how you will divide the different assets you own. If you or your spouse own a family business together, or if either or both of you are involved in business ventures with other family members, these issues can complicate the situation even more. There are several important considerations to take into account when navigating your divorce and determining how your family business will be affected. Here are some issues you will need to be aware of during the divorce process:
Why You Should Never Speak to Police Without a Criminal Defense Lawyer
In the United States, the "right to remain silent" is well-known. After hearing police officers in movies and TV shows inform people of this right whenever they are arrested, American citizens know that they have protections that will allow them to avoid incriminating themselves. However, people choose to waive this right far too often. Even if a person is just trying to be helpful and cooperative with police investigations, they can inadvertently provide information that could lead to criminal charges. A recent high-profile case illustrates the dangers that people face when interacting with police and the importance of being represented by an attorney.
When Are Restrictions on Child Custody Appropriate?
In a divorce or family law case involving parents, the court must determine what is in the best interests of the children. This includes deciding how parents will share custody of their children. Child custody cases will address legal custody, or the rights of parents to make decisions about issues such as education and medical care for children, as well as physical placement, or the time that children will spend with each parent. In some cases, Wisconsin courts may impose restrictions on child custody if this is necessary to protect the children's safety and well-being. Parents will need to understand when these types of restrictions may be put in place and how they can protect their parental rights while providing for their children's best interests.
What Are Restrictions on Child Custody?
Courts may decide to place legal limitations upon one or both parents that will apply when they spend time with their children, interact with the other parent, or make decisions about child-related issues. In some cases, a parent may be restricted to supervised visitation with their children, and they may be required to spend time with children in a public place while under the supervision of a social worker or another person. Parents may be required to exchange children in public locations or through third parties. If children's health and safety may potentially be at risk, a parent may be prohibited from using drugs or alcohol before or during their visitation time, or they may not be allowed to have children stay overnight in their home. A parent may also be required to receive treatment for substance abuse or psychological treatment to address mental health issues, or they may be ordered to participate in a domestic abuse prevention program.
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