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Recent Blog Posts
4 Tips for Telling Your Children You Are Getting a Divorce
As a parent, there are a lot of difficult conversations you must have with your children, such as the sex talk or informing children that a grandparent is terminally ill. However, one of the most difficult conversations you are likely to have with your kids will take place when you and your spouse decide to file for divorce. Children may react differently to the news of a divorce, depending on their age and developmental status. To help foster a positive reaction to the divorce, there are certain things you can do to make the news a little less jarring. Here are a few tips to follow when telling your children about your Wisconsin divorce:
- Tell all of your children at the same time. If you have multiple children, you and your spouse should try to tell all of them at once. Telling an older child first is unfair, because it puts the burden on him or her to either notify younger siblings or keep your secret. To avoid placing some children in a difficult position, it is better to break the news to everyone at the same time.
What Are the Penalties for Assault and Battery in Wisconsin?
Being accused of any crime is a serious matter, but being accused of a violent offense often has much more significant consequences. Violent crimes tend to carry stiffer penalties than others. In most cases, these crimes carry the possibility of many different punishments, such as jail time, fines, probation, and a permanent criminal record. If you have been accused of committing assault and/or battery in Wisconsin, it can have a lasting impact on your personal and professional life. Therefore, it is crucial to speak to a criminal defense lawyer who can help build a strong defense on your behalf.
What Is Assault?
In a general sense, an assault occurs when an individual causes another person to reasonably fear bodily harm. Physical contact does not have to be made for assault charges to apply in Wisconsin. In most cases, however, the act also involves a battery offense, which is the charge that prosecutors typically focus on.
4 Tips for Preparing Your Finances During Your Wisconsin Divorce
If you are getting a divorce, this may be one of the most stressful times in your life. The person who you were supposed to spend the rest of your life with is no longer in the picture, and your life is changing in nearly every aspect. It is not unreasonable to forget about the financial side of things while you are in the middle of the emotional roller coaster known as divorce. However, disregarding your finances beforehand can lead to significant problems after the divorce is complete. Proper financial preparation before and during your divorce is the best way to help ensure you will have a good financial standing after your divorce. Here are a few tips to help you prepare financially during your Wisconsin divorce:
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Recognize your current role in your marital finances. In many marriages, one spouse is the person responsible for maintaining the couple’s finances. This can be convenient during the marriage, but it can be a real setback during a divorce, especially for the spouse who is not as in tune with the couple’s financial situation. You should begin to educate yourself about you and your spouse’s finances so you have a basic idea of where to begin during the property division process.
Will I Receive Spousal Maintenance After My Wisconsin Divorce?
In today’s modern American families, it may not just be the husband who is the breadwinner for the family. Now, it is not uncommon for both spouses to have a job that equally provides for their family. This is why it can be so difficult for some people after a divorce. Instead of living off of two incomes, it can be an adjustment to learn how to manage with just one income. In some cases, there may be a significant inequality in how much money each spouse makes and contributes to their family. In these kinds of situations, it is not uncommon for one spouse to petition for spousal maintenance in a Wisconsin divorce.
Factors Used to Determine if Spousal Support Is Awarded
It is never guaranteed in any divorce case that there will be spousal maintenance involved. If a spouse files a petition for maintenance, then the court will conduct a hearing to determine whether maintenance should be awarded. The factors the court uses to determine this include:
What Are the Penalties for OWI When the Offender Is Under 21?
Most states have laws that make it illegal to drive under the influence (DUI) of drugs or alcohol. In Wisconsin, these laws are referred to as operating while intoxicated (OWI). These laws tend to be broadly defined, and they apply to a number of drunk driving behaviors. In Wisconsin, you can be charged with OWI if you have a BAC of 0.08 percent or more; are intoxicated and unable to safely drive; or have any detectable amount of a controlled substance in your body. If a person is under the age of 21 when he or she is convicted of OWI, he or she can face an additional set of criminal consequences in conjunction with regular OWI penalties. That is why it is essential to seek professional legal counsel to make sure your rights are protected throughout the proceedings.
Wisconsin’s “Not a Drop” Law
When Does Theft Become a Felony Charge in Wisconsin?
Some of the most common crimes committed by juveniles and adults alike are theft crimes. These crimes involve the unlawful taking of property, which can become serious rather quickly. In the state of Wisconsin, theft crimes can be charged as either a misdemeanor crime or felony crime, depending on a variety of circumstances. Typically, the more the stolen property is worth, the harsher the consequences. However, there are a few circumstances in which theft is considered a felony, despite the value of the items. If you have been charged with a theft crime, your best bet for a favorable outcome is to hire an experienced criminal defense attorney.
What Constitutes Theft in Wisconsin?
While the basic definition of theft is taking something that does not belong to you, there are certain specific situations that Wisconsin law considers to be theft. According to Wisconsin legal statutes, theft occurs when a person:
What Are the Consequences for Disorderly Conduct in Wisconsin?
One of the most commonly charged crimes in the state of Wisconsin is disorderly conduct. This can include a variety of behaviors ranging from public intoxication to yelling at a police officer. The crime of disorderly conduct is often referred to as a “catch-all” crime, meaning it can be applied to a wide range of behaviors and actions. Even though it may seem like a minor offense, being charged with disorderly conduct is still a crime that can result in significant consequences. If you have been charged with disorderly conduct in Wisconsin, it is imperative that you consult with a skilled criminal defense lawyer to understand your options.
What Is Disorderly Conduct?
According to Wisconsin statutes, disorderly conduct occurs when a person “engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.” Basically, this means you can be charged with a crime if you act in such a way as to provoke or disturb someone in particular or the public in general.
How Is Child Support Calculated in Wisconsin?
Traditionally, child support payments were a product of divorce proceedings. If a husband and wife got divorced, the wife was typically granted sole custody of the children, while the husband had designated visitation rights. The husband would also pay a certain amount to the wife each month to help with the cost of raising the children. In today’s world, the situations in which child support is awarded have vastly changed, although the general purpose still remains the same. Child support is intended to be used for expenses relating to the child, such as clothing, food, and other essential items. Most courts across the country have agreed that both the mother and the father have the responsibility of financially providing for their children, regardless of where the child lives. Child support calculations can become confusing, but an experienced family law attorney can help explain the legal process.
Can I Refuse to Take a Breathalyzer Test During a Wisconsin OWI Stop?
Since the 1980s, both state and federal agencies have attempted to reduce the number of drunk driving accidents that occur. For the most part, this has succeeded. In Wisconsin, there were nearly 30,000 alcohol-related traffic crashes in 1980. By the time 2015 rolled around, there were only 5,174 alcohol-related traffic crashes recorded in Wisconsin. Even though the number of drunk driving accidents decreased immensely, they still remain a significant safety issue. Wisconsin OWI laws are taken seriously and are often enacted to their full extent. That is why if you or someone you know is charged with OWI, it is crucial to hire an experienced criminal defense attorney to make sure your rights are protected.
Implied Consent Laws in Wisconsin
Nearly every state in the United States has an implied consent law that requires drivers to submit to chemical testing if they are suspected to be driving while intoxicated. Wisconsin is no exception. If you are driving a vehicle in Wisconsin, you are deemed to have given your consent to submit to “one or more tests of blood, breath, or urine.” These tests are used to determine the amount of alcohol or drugs in your system, and they are typically performed after a person has been arrested on suspicion of drunk driving.
Who Can Own and Possess Firearms and CCW Licenses in Wisconsin?
Since the United States was founded, citizens have always had the right to own and possess firearms. Although this right is guaranteed by the U.S. Constitution, there are certain restrictions that can limit some people from having a firearm or carrying a concealed weapon. Both the state of Wisconsin and the federal government have laws pertaining to eligibility for owning or possessing a firearm or legally carrying a concealed weapon. Citizens of Wisconsin are not only subject to Wisconsin laws involving firearms, but also federal laws. Violating these requirements can result in serious charges that can carry harsh penalties.
Eligibility For a CCW License
Wisconsin is one of the states that does not mandate its residents to have any type of permit or license to own or possess a firearm. While you can own a firearm without any additional state requirements, there are obligations that you must meet if you want to get a concealed carry weapon (CCW) license, which is necessary to legally carry a concealed weapon in the state of Wisconsin. To be eligible for a CCW license, you must:
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