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Recent Blog Posts
Is a Restraining Order Required After a Domestic Violence Arrest?
There are multiple different types of situations where a person may be accused of committing domestic abuse. These incidents are taken very seriously by law enforcement. If police officers are called to respond to domestic disputes or other situations where the safety of family members may be at risk, they may choose to arrest a person who is believed to have engaged in domestic violence. Those who are accused of committing these types of sensitive crimes may face criminal charges for battery or similar offenses. However, they will also need to understand when they may be subject to restraining orders or other limitations that will affect their lives and their relationships with their family members.
Arrests in Domestic Abuse Cases
While police officers in Wisconsin are not required to arrest a person after responding to a domestic violence incident, there are certain circumstances where officers may determine that an arrest is necessary. Generally, if an officer has a valid reason to believe that a person has violated the law by engaging in domestic abuse, they are required to perform an arrest if they reasonably believe that continued abuse is likely, if there is evidence that an alleged victim has suffered a physical injury, or if the alleged abuser is the primary aggressor in a domestic argument or disagreement.
What Do Divorcing Parents Need to Include in a Parenting Plan?
There are a variety of issues that will need to be addressed during a couple’s divorce, and in cases where married spouses have children together, they will need to determine how child custody will be handled going forward. Couples are encouraged to work together to reach agreements on these matters, but they may encounter disagreements over a variety of issues related to how their children will be raised or how they will share physical placement. In these situations, each parent may submit a proposed parenting plan. By looking at the differences between the parents’ proposals, a court may be able to help resolve disputes and find solutions that will work for all parties involved. In these situations, parents will need to understand the issues that a proposed parenting plan will address.
Details Addressed in a Proposed Parenting Plan
If a couple will be participating in divorce mediation, each party will be required to submit a proposed parenting plan to the mediator at least 10 days before their first mediation session. If spouses are unable to reach an agreement through mediation, or if the court waives their mediation requirements, the parents will be required to submit proposed parenting plans to the court. These submissions must be made within 60 days after the mediator informs the court that the couple could not reach an agreement or after the date the mediation requirement was waived. If a parent does not submit a proposed plan, they will not be able to contest the plan submitted by the other parent.
When Can Money Laundering Result in State or Federal Criminal Charges?
By: When law enforcement officials perform investigations into criminal activity, they will often "follow the money." If a person is found in possession of significant amounts of cash, makes large deposits into a bank account, or otherwise receives large sums of money without a good explanation, this may be seen as an indication that they have engaged in crimes such as drug trafficking. At the same time, it is illegal to take measures to conceal the source of money that was obtained illegally, and there are a variety of actions that may lead to money laundering charges. These charges may be pursued at either the state or the federal level, and those who are charged with this type of offense will need to understand the specific laws that address money laundering.
Who Can Be at Fault for Truck Accidents in Wisconsin?
The State of Wisconsin has a high volume of trucks traveling its roads and highways every day. The size and weight of these trucks can often result in devastating accidents for other vehicles, bicyclists, or pedestrians involved in a crash. In recent years in Wisconsin, there has been an average of over 7,500 large truck crashes per year. These crashes resulted in an annual average of over 2,000 injuries and 70 deaths. Even minor collisions with trucks can result in personal injuries, leading to medical bills, time off of work, and pain and suffering.
The trucking industry and the drivers they employ must follow strict state and federal regulations for both the overall condition and the operation of their trucks to protect other vehicles on the roads. However, with the increased emphasis on just-in-time deliveries, violations can occur. Each truck accident can have multiple parties who may ultimately bear responsibility for the accident, including the truck driver, the carrier, or the warehouse that loaded the truck.
How Long Will Spousal Support Be Paid After a Wisconsin Divorce?
By: Getting a divorce will affect the finances of both parties in multiple ways. Spouses will usually need to make significant changes to their living arrangements, lifestyles, and other aspects of their lives as they determine how they will be able to cover their ongoing expenses on a single income rather than sharing two incomes. While these adjustments may be difficult but necessary when both spouses earn similar incomes, there are some cases where one party may struggle to address their ongoing needs. If one spouse was a family’s primary income earner, the other spouse may need assistance as they establish a new life for themselves and determine how to cover their living expenses. In these cases, spousal maintenance (also known as alimony or spousal support) may be appropriate, and spouses will need to understand how the amount of support will be determined and how long payments may last.
Wrongful Death Claims from Fatal Motorcycle Accidents in Milwaukee, Wisconsin
Motorcyclists contend with many safety challenges. Driving in the open air among trucks, passenger-sized vehicles, and fellow motorcyclists can be precarious. Additionally, motorcyclists are vulnerable to fluctuations in weather, visibility, and road pavement, such as potholes. On average, motorcyclists are 29 times more likely to die in an accident than those in a passenger vehicle. Of the 2,104 motorcycle crashes in Wisconsin during 2020, there were 112 fatalities.
Families of those who have perished in a motorcycle accident may bring a wrongful death claim for monetary compensation (“damages”). Awarded damages are for the loss of potential income from the deceased as well as medical and funeral expenses for the deceased. Emotional trauma incurred from the catastrophic event is also taken into account when awarding damages. The statute of limitations for wrongful death lawsuits resulting from a motor vehicle in the state of Wisconsin is two years after the accident occurs. So, there are crucial time constraints to consider.
What Restrictions Apply to Registered Sex Offenders in Wisconsin?
By: All criminal charges should be taken seriously, since a conviction can result in multiple types of penalties, including prison sentences, probation, fines, or the loss of a professional license. Accusations involving sex crimes can be especially worrisome, since, in addition to other criminal penalties, a person who is convicted may be required to register as a sex offender. This can impact multiple parts of a person’s life and cause permanent damage to their reputation, their ability to find a job, and their relationships with family members, friends, and others in their community.
Requirements and Restrictions for People on the Sex Offender Registry
Generally, anyone who is convicted of a sexual offense will be required to register as a sex offender. This requirement will also apply to minors who are adjudicated delinquent based on sexual offenses, those who were found not guilty of sexual offenses based on mental illnesses, and residents of Wisconsin who were convicted of sex crimes in other states or jurisdictions.
Does Marsy's Law Interfere With Defendant's Rights?
Marsy’s Law is an initiative meant to protect crime victims' rights. This is a national proposal that has already been adopted in a handful of states, including Ohio. It has also been rejected in others, including Idaho and Maine. However, some legal scholars are concerned about the impact Marsy’s Law could have on the constitutional rights of criminal defendants.
What Does Marsy’s Law Provide?
Some provisions in Marsy’s Law are a bit vague. In general, the law is designed to protect victims who have reported a crime against them as they participate in the criminal justice process. Provisions include:
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Victims have the right to be treated with “dignity, respect, courtesy, sensitivity, and fairness.”
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Victims’ rights can be legally enforced the same way that defendants' rights can be enforced.
What Are My Options Following a Car Accident With an Uninsured Driver?
Those who are involved in car accidents are likely to experience a number of different types of difficulties. In high-speed collisions or other serious cases, emergency medical treatment may be needed, and a victim may receive multiple forms of ongoing care. Even in seemingly minor collisions, a person’s vehicle is likely to be damaged, requiring expensive repairs. In many cases, car accident victims will be covered by the insurance policy of the driver who was at fault for the collision. However, if a driver did not have the required insurance coverage, this may leave victims unsure about their options and uncertain about how they will address their financial expenses and other ways they have been affected.
Uninsured and Underinsured Motorist Coverage
In situations where an at-fault driver is uninsured, others involved in an accident will usually be able to receive coverage under their own auto insurance policy. Wisconsin law requires liability insurance policies to include uninsured motorist coverage. The minimum limits for this coverage are the same as the minimum limits for liability insurance: $25,000 for the bodily injury or death per person, $50,000 for the bodily injury or death per accident, and $1,000 of medical payments coverage per person.
Phone and Email Scams to Watch Out for During Tax Season
During the first few months of each year, as April 15th looms, many people are concerned about the requirements for filing their annual federal and state income tax returns. The tax filing process can be stressful, and many taxpayers may be worried about whether they will owe taxes or whether they may face penalties if they provide the wrong information to the Internal Revenue Service (IRS). Unfortunately, this provides scammers with the opportunity to target people and attempt to steal their money or personal information. Those who have been affected by these types of scams can consult with an attorney who understands legal issues related to cybersecurity.
Common Tax-Related Scams
Scammers may use a number of different methods of contacting people, convincing them that they owe money, or asking them to disclose personal information that may be used to commit identity theft. These methods include:
