Blog Posts in May, 2010
Posted on May 28, 2010 By VHD
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 ...
Continue reading "Vehicle search" »
Posted on May 27, 2010 By VHD
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 ...
Continue reading "Traffic Citations - When are the Points Assessed?" »
Posted on May 27, 2010 By VHD
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 ...
Continue reading "Search incident to lawful arrest" »
Posted on May 26, 2010 By Lisa M. Vanden Heuvel
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 ...
Continue reading "My child is graduating from high school next week. How does child support end?" »
Posted on May 26, 2010 By VHD
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 ...
Continue reading "Length of stop/detention" »
Posted on May 26, 2010 By VHD
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. ...
Continue reading "What is Mediation?" »
Posted on May 25, 2010 By Lisa M. Vanden Heuvel
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 ...
Continue reading "My former girlfriend recently gave birth to our daughter and will not allow me to see her. How can I get access? " »
Posted on May 25, 2010 By VHD
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 ...
Continue reading "Reasonable suspicion for stopping a person or motor vehicle" »
Posted on May 25, 2010 By VHD
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 ...
Continue reading "Child Support Guidelines" »
Posted on May 24, 2010 By VHD
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 ...
Continue reading "Voluntary Paternity Acknowledgment" »
Posted on May 24, 2010 By Lisa M. Vanden Heuvel
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 ...
Continue reading "Will my divorce be delayed if I become pregnant prior to the final hearing?" »
Posted on May 24, 2010 By Linda S. Vanden Heuvel
Except in emergency situations or other exigent circumstances there is a 120 day waiting period in divorces.
Continue reading "How long does it take to get a divorce in Wisconsin?" »
Posted on May 24, 2010 By VHD
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 ...
Continue reading "Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued?" »
Posted on May 18, 2010 By VHD
Child support arrearages can be recovered through the claims process against the estate of the decedent. Claims, however, must be filed in compliance with Chapter 859. The time in which a claim may be ...
Continue reading "Child support arrearages and death" »
Posted on May 14, 2010 By VHD
In Wisconsin, the Petitioner has ninety (90) days from the date of filing to serve the Summons and Petition on the opposing party.
Continue reading "How Long Do You Have to Serve a Divorce Summons and Petition?" »
Posted on May 12, 2010 By VHD
An annulment dissolves a marriage that is void and invalid as a matter of law. Some grounds for annulment are: (1) the marriage was induced by fraud or force and (2) one party was incapable of ...
Continue reading "What is an Annulment?" »
Posted on May 10, 2010 By Linda S. Vanden Heuvel
Law firms with fewer than 25 workers that pay an average salary of $50,000 or less per year will get a tax credit of up to 35% on the premiums paid for employees health coverage. The credit rises to ...
Continue reading "How Does Health Care Reform Impact on Small Law Firms?" »
Posted on May 4, 2010 By Graham P. Wiemer
When requested to do so by a law enforcement officer, under current Wisconsin law, any person who operates a motor vehicle on a public highway in the State of Wisconsin is deemed to have given consent ...
Continue reading "Implied Consent" »
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