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Recent Blog Posts
What Legal Options Do I Have If My Spouse Not Obeying Divorce Decree?
It is not uncommon for there to be a number of disagreements between a couple who is going through a divorce. While there are often personal issues lingering that caused the divorce to begin with, the couple must now decide how their married life will be divided – including child custody, division of marital assets and debt, child support, and more. This can result in even more disagreements and acrimony. Unfortunately, in many cases, even after the divorce has long been finalized, one spouse may still refuse to comply with the court’s orders. In these situations, the other spouse can seek the assistance of a Milwaukee County family law attorney in taking the legal steps to enforce the court’s orders.
Enforcing a Court Order
The final divorce agreement that the judge signs off on should specify how the couple’s assets and debts will be distributed, how child custody and parenting time will be shared, and how much – if any – child support and/or spousal support will be paid. Each spouse is legally required to obey this order. If either one fails to follow the order, they can be held in contempt of court.
Will Backlog of State Crime Lab Affect the Right to a Speedy Trial?
In 2020, the Wisconsin Department of Justice's Division of Forensic Sciences reported the average time it took the state’s crime lab to process DNA evidence analysis was 94 days. Although this was a slight decrease from the prior year, it was still significantly longer than the 76 days it took in 2017. These types of delays can cause the wheels of justice to turn very slowly for a defendant, but how does it affect a defendant’s constitutional right to a speedy trial?
DNA Testing
Whenever police collect evidence that needs to be tested, that evidence is sent to one of the three state crimes labs. According to the lab’s Administrator for the Division of Forensic Sciences, almost all of the evidence their department receives are for felony charges. The process usually involves a “first-come-first-serve basis,” although there are situations where evidence may be able to get pushed to the front of the line, such as when there is a public safety threat or there is a jury trial scheduled.
Legal Options for Collecting Back Child Support in Wisconsin
Several years ago, a California woman made national news when she was able to collect $150,000 in back child support almost 50 years after her ex-husband fled the country in order to avoid paying his court-ordered obligation. Since there is no statute of limitations on back child support, the case sent a message to deadbeat parents everywhere that eventually, the delinquency can catch up to them. If you are having trouble collecting child support, a Waukesha County family lawyer can help.
Time to Pay Up
According to the woman in the California case, when the couple broke up in the early 1970s, her ex-husband fled to Canada in order to get out of paying child support for their then 3-year-old daughter. He had been ordered to pay $160 a month until the child reached 21. The woman raised their daughter on her own, never receiving any financial help from the child’s father.
Wisconsin Supreme Court: Incapacitated Driver Law Is Unconstitutional
Every state in the country has an implied consent law. Basically, this law means that by accepting the privilege drive a vehicle, a licensed driver automatically consents to chemical or blood testing if a police officer has probable cause to believe that driver is under the influence of alcohol or drugs. Wisconsin’s implied consent law goes a step further. The state’s implied consent law contains a provision that stipulates that an incapacitated driver is “presumed not to have withdrawn” their consent of testing, even if they are not conscious.
This provision meant that police could conduct blood testing on a driver who was totally unconscious and unaware of what the police were doing. However, this will no longer be the case as the Wisconsin Supreme Court recently ruled that that provision is unconstitutional and violates the incapacitated driver’s Fourth Amendment protecting against unconstitutional search and seizure.
Can You Get Parental Visitation with a History of Substance Abuse?
From the physical and mental health of both parents to the wishes of the children, family law judges look at a number of factors before making custody and visitation decisions. They may also consider a parent’s use of drugs or alcohol because frequent use of these substances can impact a parent’s ability to take care of a child. If you are trying to gain custody of your children, but have a history of substance abuse, you should enlist the help of a Wisconsin family lawyer.
How a Judge May Respond to Parental Substance Abuse
Judges do not take alcohol or drug abuse in custody battles lightly. Parents who abuse these substances often neglect to give their children what they need. They may also put their kids’ lives in danger. For example, if a parent is heavily drunk and forgets to turn off the stovetop, it can increase the risk of a fire in the house. Judges want to prevent these sorts of incidents from occurring, so they are weary about awarding custody to parents with substance abuse issues.
How to Improve Your Chances in a Contested Child Custody Case
A Wisconsin divorce becomes even more stressful when there are children involved, especially if you and your spouse strongly disagree about what is best for them. The idea of losing custody of your children is devastating to even think about. Although navigating through a custody battle may not always be easy, you can take steps to increase your chances of a positive outcome.
Tips For Securing Custody of Your Children
In order to achieve the best possible result in your custody case, you must prove to the court that you are responsible and a good role model to your kids. Here are a few tips to help you maintain custody.
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Make your children a top priority. Wisconsin courts prioritize a child’s best interests when making custody decisions. You should do everything you can to demonstrate your commitment as a parent. Always arrive on time for visits and be there to support your children.
Common Defenses Against Theft Charges in Wisconsin
If you have recently been charged with theft, you likely feel anxious and scared about your future. Whether you are dealing with a petty or felony theft charge, it can carry heavy consequences, like fines, jail time and a criminal record. It is important to consult with a Wisconsin criminal attorney about your case promptly.
How to Defend Against a Theft Charge
Just because you are facing theft charges, it does not mean you are automatically guilty, and it is possible to be acquitted or to have the charges against you dismissed. In order to have a successful outcome with your theft charge, you must have a good defense.
Here are several possible legal defenses for theft cases.
- You claim that you own the property. The most straightforward way to defend against a theft charge is to convince the jury that you had a claim to the property. If you took the property because you truly believed that it belonged to you, then you did not intend to steal, and you may be found innocent.
Understanding Wisconsin’s Mandatory Arrest Policy for Domestic Abuse Suspects
One of the most debilitating, malignant, yet elusive social issues that plagues the United States today is domestic abuse. This form of violence occurs more often than anyone would care to admit; the National Intimate Partner and Sexual Violence Survey reported that around 1 in 4 women and 1 in 10 men reported experiencing physical violence, sexual violence and/or stalking in their lifetimes. Laws surrounding these crimes are now typically punished harshly and when possible, to the fullest extent of the law. In some cases, the officers may have no choice but to arrest the alleged suspect, due to the mandatory arrest policy for domestic violence situations.
How Domestic Arrests are Determined
Wisconsin law outlines a variety of situations in which arrests must be made after a domestic violence call has been made. If the police are called to the scene, they are required to make an arrest if they determine that a person is committing or has committed domestic abuse consistent with a crime against a family or household member, and one of the following is true:
Do Wisconsin Grandparents Have the Right to Request Visitation For Their Grandchildren?
In recent years, many states have begun to recognize the importance of the relationship between children and adults who may not necessarily be their parents. In many cases, there are other adults in many childrens’ lives who provide care and guidance. These adults might be other family members, like aunts, uncles, or grandparents, or they may even be step-parents. Under certain circumstances, these individuals -- especially grandparents -- may be able to have visitation rights granted to them when a parent withholds their child.
When Do Visitation Rights Apply?
There are only limited situations in which a grandparent might be granted visitation with their grandchild. Parents have a right to be able to raise their children without governmental interference. The limited nature of the third-party visitation statute is intended to protect that right by establishing the presumption that a parent’s decision to deny visitation by a grandparent is in the child’s best interest. However, a grandparent may be able to be awarded visitation rights if the child’s parents are going through divorce proceedings, one or both of the child’s parents are deceased, or the child’s parents were never married.
When is Battery Charged as a Felony Crime in Wisconsin?
Crimes of violence are taken rather seriously in the state of Wisconsin. Even crimes like battery, which is sometimes less serious than other violent crimes, are charged and prosecuted to the fullest extent of the law. Being convicted of battery can be a serious crime, especially when it is charged as a felony. Not all battery crimes are charged as felonies. In general, battery is charged as a Class A misdemeanor, which comes with a potential sentence of up to nine months in jail and up to $10,000 in fines. In many cases, battery crimes are charged as various felonies, which can vary in severity.
“Bodily Harm” Versus “Great Bodily Harm”
One of the easiest ways your battery charge can be elevated from a misdemeanor to a felony is by the amount of damage that is inflicted upon the victim and the perpetrator’s intent. Wisconsin law states that a misdemeanor battery crime is characterized by a person causing “bodily harm.” However, if a person is found to have inflicted “substantial bodily harm,” the charge is elevated to a Class I felony with a potential sentence of up to 3.5 years in prison and up to $10,000 in fines. Likewise, a person can be charged with a Class H or Class E felony if they caused “great bodily harm” and they intended to cause some sort of harm. Class H felonies come with up to six years in prison and up to $10,000 in fines, while Class E felonies come with up to 15 years in prison with up to $50,000 in fines.
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