Recent Blog Posts
My Ex is Withholding Child Visitation
All parents have a right to visitation with their children so long as it does not pose a physical, mental, or emotional threat. An ex-spouse who is withholding a child from visiting the other parent is subject to a felony charge in the state of Wisconsin.
When dealing with an ex-spouse who is hellbent on denying you your child visitation rights, it is important to consult with an attorney. An attorney who possesses solid advice and a compassionate stance is invaluable to your cause.
What is Child Visitation?
Visitation is the arrangement where the non-custodial parent gets to spend time with their child. The non-custodial parent is the parent who was not granted physical placement of the child, which is where the child lives for the majority of the time. Shared placement is also possible in Wisconsin, which allows children to spend at least 25 percent of their time with each parent.
What to Do When Facing Armed Robbery Charges in Wisconsin
The use of a dangerous weapon to commit theft carries a lengthy sentence if convicted. Armed robbery in Wisconsin is punishable by up to 40 years in prison. You must understand the law and your rights when being accused of armed robbery. A skilled criminal defense attorney can provide guidance and if necessary represent you in a court of law.
What is Armed Robbery?
Armed robbery is defined as the theft of property from another person by force or threat of force while using or threatening to use a dangerous weapon. A dangerous weapon is defined as any object that is capable of causing serious bodily injury or death. This includes guns, knives, clubs, and other objects that could be used to harm someone.
What Should I Consider When Dating During a Divorce?
Dating during a divorce can be a complicated matter, both emotionally and legally. This can be especially true for divorcing couples with children. While there are no laws in Wisconsin that specifically prohibit dating during a divorce, there are a few things you should consider before starting a new relationship.
It is important to weigh the pros and cons carefully before starting a new relationship. If you do decide to date, there are some things you can do to minimize the potential risks. It is also important to find a good lawyer to represent you during your divorce.
The Emotional Toll
You should be emotionally and psychologically ready to engage in a new relationship before doing so. The grief of a failed marriage and the impact it can have on your children should be a consideration. Young children may become confused or upset by your new relationship.
What is Theft by Fraud?
Theft by fraud is a crime in Wisconsin that occurs when someone intentionally deceives another person to obtain their property or services. The deception can be made through words, actions, or a combination of both.
If you have been charged with fraud, talk to a lawyer to see what your defense options are. The prosecution might not have enough evidence to prove that you committed fraud. You could also argue that you were entrapped or that you did not intend to defraud the victim.
How Can I Be Convicted of Theft by Fraud?
To be convicted of theft by fraud, the prosecution must prove the following elements beyond a reasonable doubt:
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The defendant intentionally deceived the victim
5 Ways to Protect Your Assets in a Wisconsin Divorce
Sometimes the division of property can be worked out between the divorcing spouses or through mediation before heading to court. This is referred to as a no-contest division of property. The court can then enter an order for that division, making the settlement of community property no longer an issue. In contrast, contested divorce is where complications in the divorce settlement begin to arise, especially when one spouse considers some assets as separate rather than marital.
Careful planning can help you protect your assets in a divorce before you even get married. The first thing you will want to do is consult a qualified Wisconsin lawyer for legal advice. It is important that you find an attorney who is experienced in handling asset protection cases.
What is Community Property?
Wisconsin is considered a community property state, meaning that all marital property should be divided equally. So any property, debt, or asset acquired during a marriage, except gifts and inheritance in most cases, is considered community property.
Gun Crime Laws for First-Time Offenders in Wisconsin
Are you facing a criminal gun charge as a first-time offender in Wisconsin? It is important to understand that the penalties for gun crimes can be severe, even for first-time offenders. However, some defenses may be available to you.
If you are facing criminal gun charges in Wisconsin and are unsure of what to do, it is important to speak to an attorney as soon as possible. A good criminal defense attorney experienced in Wisconsin gun laws can help you navigate your individual situation so that you better understand the charges and your rights.
What are the Penalties for Gun Crimes in Wisconsin?
The penalties for gun crimes in Wisconsin vary depending on the severity of the offense. For example, carrying a concealed weapon without a permit is a Class A misdemeanor, which carries a maximum penalty of nine months in jail and a fine of $10,000. Possessing a firearm while intoxicated is a Class I felony, which carries a maximum penalty of 3 years in prison and a fine of $10,000.
What Can I Do if My Soon-to-be Ex Is Hiding Assets From Me?
Arguments about a couple’s money and belongings can get heated especially during a high-asset divorce. If a couple has collected a significant amount of valuable things while they are married, figuring out who gets what can be difficult. But when one spouse is underhanded and is hiding assets, things can get downright ugly. An experienced divorce attorney can help investigate and find hidden assets that you are entitled to after your divorce.
Does Wisconsin Law Require All Assets to be Disclosed During a Divorce?
High net-worth divorces require a comprehensive review of all assets and debts. In Wisconsin, both spouses are required to disclose all of their financial assets at the start of the divorce process. But that is easier said than done, especially when there is a lot of money on the line. Not everyone is truthful when it comes to disclosing their assets. Wisconsin law states it is illegal for your spouse to intentionally hide assets from you and that marital assets should be divided equally.
What Happens If I Am Caught Drinking and Driving a Boat?
Gliding across the sparkling waters in Wisconsin and feeling the wind tousle your hair while soaking up the sun makes for an exhilarating time. However, the excitement can take an unexpected turn if you are caught drinking and boating. It may lead to a boating under the influence (BUI) charge. If you are drunk driving on the water, a Wisconsin attorney can help.
What exactly is a BUI?
Wisconsin's waterways are not outside of the law. Especially during long holiday weekends, conservation wardens and police patrols will scan the waters for signs of suspicious drivers.
Similar to drinking and driving, if you operate a motorized boat you are breaking the law when your blood alcohol concentration (BAC) is .08 percent or higher. Under Wisconsin law that is considered intoxicated boating. Being under the influence of drugs, even prescription drugs, can also lead to BUI charges.
Understanding Marijuana Laws in Wisconsin
Wisconsin is not among the many states that have legalized cannabis products for recreational use. Here, it remains a misdemeanor to even possess a small amount of cannabis. The only exception is that qualified patients may use low-THC, high CBD products. If you are not a registered patient, you could go to jail if you are caught with cannabis. While simple possession is generally a misdemeanor, other offenses involving cannabis may be far more serious. It is very easy to become involved in a situation where you are seen - and charged - as a distributor. If you are facing any type of criminal charge related to marijuana, it is important to take the situation seriously. You could be facing years in prison depending on the specific crime you are charged with. An attorney can help you begin planning your best possible defense strategy.
3 Types of Individual Property You Are Likely Entitled to in a Divorce
Generally, almost everything a married couple owns is considered to belong equally to both spouses. This is usually true regardless of which spouse’s income was used to purchase or contribute to an asset. Even if one spouse did not work for pay during the marriage, their contributions to the marriage are deemed to have value. This is why most marital assets are to be distributed equally between the spouses in the event of a divorce. However, there are some types of property owned only by one of the two spouses. These types of non-marital property are referred to as “separate property” or “individual property.” Each spouse is permitted to keep their own individual property during a divorce. Individual property is excluded from the marital estate subject to legal division during the divorce process. However, there may be some instances where a spouse can be deemed to have donated their separate property to the marriage. An attorney can advise you regarding what separate property you may be entitled to keep.