Having a restraining order placed against you can be tremendously inconvenient, and often hurtful. You may be feeling angry or upset, especially if the allegations used to obtain the order are untrue or not a complete picture of what happened. Restraining orders can be levied by either the criminal or civil court. If you were arrested for an offense like stalking or domestic violence, it is likely that the court has almost automatically imposed a protection order. If you were not arrested, it is more likely that the protected party went to a civil court to have the order placed. Following the terms of the order can be difficult. If you and the protected party lived together, having a restraining order placed generally means instantaneous eviction. This can be enormously stressful, as you may or may not have a friend or family member in the area to stay with. However, it is critical that you comply with the terms of the order. Failing to do so could mean getting arrested. If you have been served with a restraining order, your top priority should be finding legal counsel. 

Complying With the Terms of a Restraining Order

Breaking the terms of a restraining order could land you in jail. While the order is active, it is important that you do not: 

• Contact the protected party - Any form of contact with the protected party - including text messages, social media messages, or even asking a friend to pass along a message - may be a criminal offense. If the order came as a surprise, your first instinct may be to ask the protected party what is going on. Do not do this. 

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Many parents who are in the midst of a divorce or child custody battle want sole custody. It is normal for a parent to want to have their child with them all the time. However, sole custody is an arrangement of last resort in Wisconsin. In most situations, courts want children to benefit from having a relationship with both parents. This is often true even if one parent has a criminal record, or has struggled with mental illness or substance abuse. Courts are generally reluctant to cut a parent off from their child completely. However, there are situations where a court will agree that sole custody is appropriate. If your child’s other parent has been abusive to your child to the point where your child gains no benefit from being around that parent, a Wisconsin court may find sole custody to be in the child’s best interest. If you believe that excluding the other parent from the child’s life is the best option, it is important to work closely with an experienced child custody lawyer. 

Sole Custody May be Best for Children in Certain Situations

Wisconsin courts will put the best interests of the child first. Situations in which sole custody may be granted include: 

• Abuse - If your child has been physically, sexually, or emotionally abused by the other parent, the court may find that it would be best for the child to stop seeing that parent. Although it is very helpful if the parent has been criminally charged or convicted for the abuse, it is not required. The family law court will evaluate evidence of the abuse. 

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In the past week, the Wisconsin Department of Natural Resources announced that it will be initiating “Operation Dry Water,” a campaign to increase law enforcement presence in Wisconsin’s lakes and rivers during the Fourth of July Weekend. There will be more law enforcement officers present around the state’s waterways during a designated period of high enforcement. While the goal is for all laws related to safe boating practices to be better enforced, there will be a focus on BUI laws. This means that boaters in Wisconsin will be under increased law enforcement supervision. It is always important to obey boating safety laws, including those related to life vests and remaining sober when driving a boat. If you are arrested for BUI, it is important to take the situation very seriously. Boating may be fun, but your day can change quickly if you are arrested. 

What to Know About Operation Dry Water

Boating while under the influence of alcohol or drugs is illegal in Wisconsin. While many enjoy bringing some beer or wine coolers along on their trip to the water, it is important that you remain sober if you will be the one driving the boat. Statistics show that a majority of boating-related deaths involve the use of alcohol, making BUI enforcement a high priority for the Wisconsin Department of Natural Resources. 

From July 1-3, more officers will be present around Wisconsin’s waterways. There is often a spike in both BUI and DUI arrests and accidents around the holiday weekend. As the Fourth of July falls on a Tuesday, it is likely that many people will be celebrating the weekend before. Waterways are expected to be more crowded during this period due to the celebrations, which does increase the likelihood of an intoxicated boater causing an accident. 

Women are now being arrested for domestic violence nearly as frequently as men. There are a number of reasons for this increase in the number of women being arrested. One is that domestic violence against men is being taken more seriously. However, it can be difficult for police to determine who is the victim and who is the offender when they have not witnessed the violence themselves. While women are being arrested more frequently, men are still far more likely to be convicted. These statistics may suggest that more women are being erroneously arrested, leading their cases to be dismissed later. Yet, defending against a domestic violence charge can be challenging. There is a strong societal distaste for perpetrators of relationship violence. Even if you were defending yourself or did not commit the offense you are accused of, it is very important to have a skilled attorney representing you. 

Facts About Domestic Violence Arrests and Gender

Perpetrators of domestic violence and victims of domestic violence can be people of any gender. However, some evidence suggests that women are more likely to be arrested for an offense they did not commit. Roughly 30-40% of people arrested for domestic violence are women. However, more than 90% of those convicted of domestic violence are men. This likely means that many women who are arrested for domestic violence will not be convicted. This statistic may give you hope if you are a woman who has been arrested for a crime of domestic violence. 

One possible explanation is that some women are arrested for defending themselves. Police cannot always tell which party is the aggressor and which is the victim. Generally, when police respond to a domestic violence call, neither party is calm and collected when they arrive. Women who have been the victim of domestic violence may display anger and fear, causing police to misinterpret the situation and believe that the victim is actually the perpetrator. 

Raising a child can be expensive, and there are numerous costs that parents will need to address on an ongoing basis. When parents are married or living together, they will usually be able to work together to cover these costs as they manage their family's budget. However, when parents are divorced or when unmarried parents are no longer in a relationship, they will need to determine how to share the costs of raising their children. Child support orders will usually be put in place in these situations, and parents will need to understand what these orders will cover and how different types of expenses may be shared.

Addressing Children's Basic Needs

Wisconsin law provides guidelines that are used to calculate child support obligations. Under these guidelines, each parent's income may be considered, and they will be required to put a percentage of their income toward supporting their children. The number of children the parents share and the amount of time that children will live with each parent will be factored into the calculation, and one parent will typically make payments to the other parent.

The child support amounts calculated using these methods are meant to cover expenses related to children's basic needs, such as food, clothing, and shelter. If necessary, the court may choose to deviate from the guidelines based on evidence that these calculations would lead to results that would be unfair to the children or either parent. If children have extraordinary needs, or if there are issues that may affect a parent's ability to pay support while addressing their own needs, the amount of child support payments may be increased or decreased.