| June 03, 2010 |
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Home entries by police
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| Posted By Graham P. Wiemer |
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| Without a search warrant, the police can only enter or home, or its curtilage, to conduct a search or an arrest when exigent circumstances exist, regardless of whether the police have probable cause. The most common forms of exigent circumstances ... |
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| Continue reading "Home entries by police" » |
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| June 01, 2010 |
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Mandatory automobile insurance law
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| Posted By Graham P. Wiemer |
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| A state law requiring all Wisconsin drivers to maintain automobile liability insurance goes into effect today. Wisconsin is the 49th state to enact such a law. Under the new law, uninsured drivers must purchase liability insurance or face a fine of ... |
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| Continue reading "Mandatory automobile insurance law" » |
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| May 28, 2010 |
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Vehicle search
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| Posted By Graham P. Wiemer |
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| When the police have probable cause to believe that contraband or illegal substances are inside a vehicle, the police can search the vehicle absent a warrant. This search is legally justified based on the mobility of the vehicle. |
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| Continue reading "Vehicle search" » |
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| May 27, 2010 |
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Traffic Citations - When are the Points Assessed?
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| Posted By Christopher J. MacGillis |
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| Wisconsin courts send the Wisconsin Department of Transportation (WisDOT) Division of Motor Vehicles records of all convictions for moving traffic violations. Demerit points are assessed to drivers when convicted of a moving violation, but are ... |
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| Continue reading "Traffic Citations - When are the Points Assessed?" » |
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| May 27, 2010 |
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Search incident to lawful arrest
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| Posted By Graham P. Wiemer |
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| The police are legally allowed to search a person and/or his vehicle whenever the police have made a legal arrest. The justification for this search is police officer safety. If the search precedes the arrest, it is an illegal search because the ... |
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| Continue reading "Search incident to lawful arrest" » |
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| May 26, 2010 |
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My child is graduating from high school next week. How does child support end?
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| Posted By Lisa M. Vanden Heuvel |
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| Child support continues until the child reaches 18 years of age or 19 if pursuing a high school diploma or GED. If your child is 18 and will graduate you should contact your local Clerk of Courts. In some cases you will need to file a Motion to ... |
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| Continue reading "My child is graduating from high school next week. How does child support end?" » |
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| May 26, 2010 |
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Length of stop/detention
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| Posted By Graham P. Wiemer |
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| Assuming you have been properly stopped by law enforcement based on their reasonable suspicion that criminal activity was afoot, the police may detain you long enough to investigate that reasonable suspicion. The detention must be temporary and last ... |
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| Continue reading "Length of stop/detention" » |
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| May 26, 2010 |
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What is Mediation?
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| Posted By Christopher J. MacGillis |
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| Mediation can take many forms, but typically consists of two parties with opposing positions and a neutral third party that is knowledgeable in a specific area of law and that is trained to mediate. The mediator does not give legal advice to either ... |
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| Continue reading "What is Mediation?" » |
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| May 25, 2010 |
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My former girlfriend recently gave birth to our daughter and will not allow me to see her. How can I get access?
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| Posted By Lisa M. Vanden Heuvel |
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| If you are not married to the mother and she will not allow you to have contact with the child your will need to file a petition with the Court requesting that you be declared the child's legal father. During the proceeding the Court may require ... |
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| Continue reading "My former girlfriend recently gave birth to our daughter and will not allow me to see her. How can I get access? " » |
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| May 25, 2010 |
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Reasonable suspicion for stopping a person or motor vehicle
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| Posted By Graham P. Wiemer |
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| The police may stop a person or vehicle whenever they have a reasonable suspicion that criminal activity is afoot. This standard is a level of cause greater than mere suspicion or hunch, but less than probable cause to arrest. |
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| Continue reading "Reasonable suspicion for stopping a person or motor vehicle" » |
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| May 25, 2010 |
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Child Support Guidelines
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| Posted By Christopher J. MacGillis |
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| If a parent has primary placement of the child(ren), and the Court does not hold that a deviation from the standard guidelines is necessary, child support will be based on the following percentages of the other parent's gross monthly income: one ... |
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| Continue reading "Child Support Guidelines" » |
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| May 24, 2010 |
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Voluntary Paternity Acknowledgment
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| Posted By Graham P. Wiemer |
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| After a baby is born to an unmarried father and mother, they can both sign a form that will make sure the father's name is put on the birth certificate and make him the legal father, without having to go into Court. This form is the Voluntary ... |
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| Continue reading "Voluntary Paternity Acknowledgment" » |
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| May 24, 2010 |
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Will my divorce be delayed if I become pregnant prior to the final hearing?
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| Posted By Lisa M. Vanden Heuvel |
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| The answer depends on the jurisdiction you are in and the final requirements of the Judge. In many counties the Judge will appoint a guardian ad litem (an attorney appointed to represent the best interest of the child) for the unborn child. After an ... |
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| Continue reading "Will my divorce be delayed if I become pregnant prior to the final hearing?" » |
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| May 24, 2010 |
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How long does it take to get a divorce in Wisconsin?
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| Posted By Linda S. Vanden Heuvel |
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| Except in emergency situations or other exigent circumstances there is a 120 day waiting period in divorces. |
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| Continue reading "How long does it take to get a divorce in Wisconsin?" » |
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| May 24, 2010 |
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Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued?
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| Posted By Christopher J. MacGillis |
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| The Court can order the Respondent to do the following: 1. Cease the harassment of another person; 2. Avoid the harassment of another person; 3. Avoid the Petitioner's residence or any premises temporarily occupied by the Petitioner or both; 4. Any ... |
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| Continue reading "Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued?" » |
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Listen to 1470 WBKV AM on Friday mornings at 9am for Legal Talk with the Vanden Heuvel & Dineen, S.C. Law Firm. Call the station at 262-338-8622 or email your questions to questions@vhdlaw.com