No. A Court can issue a TRO without notifying the Respondent. The Petitioner has the responsibility of notifying the Respondent and the local authorities.
The temporary restraining order is in effect until the court holds an injunction hearing. The injunction hearing shall be held within 14 days of issuing the temporary restraining order, unless an extension is granted.
The court can order the respondent to (1) cease any harassment of the petitioner, (2) avoid the harassment of the petitioner, (3) avoid the petitioner’s residence or any premise temporarily occupied by the petitioner, and (4) any combination of these remedies.
If you were married to the mother of the child when the child was born your name will automatically appear on the baby’s birth certificate. If you were not married to the mother of the child, there are two ways to have your name added to the birth certificate as the child’s father. Your name may not be added to the birth certificate as the child’s father unless you have voluntarily acknowledged paternity (by signing a Voluntary Paternity Acknowledgment form). In addition, your name will be added to the birth certificate as the child’s father if a court has legally determined you to be the father.
To be valid in Wisconsin, the will must comply with the laws of one of the following:Â Wisconsin or the place where you properly signed your will, or the place where you lived when you properly signed your will.
Money in your Flexible Spending Account can be used for medical expenses as well as vision and dental appointments, expenses, and procedures that may not be covered in your health plan. Additionally, you can use your FSA to pay for co-pays on your office visits, over the counter medication, compression stockings, sunscreen that is more than 30 SPF, first aid kits, contraceptives, crutches, and vaccinations. You can see a complete list of eligible expenses at wageworks.com.
According to Bloomberg Businessweek, Wisconsin is currently up in arms over a recent union law ruling which bars unions from voting each year on whether or not they want to remain in existence. A lawyer for the state argues that the annual vote is a Constitutional right, and that the unions should be able to take a vote each year.
In the midst of the teacher riots in Chicago, states have taken a scrutinizing look at their own labor union laws, and Wisconsin as determined that their unions should not have the right to these types of votes. One Special Counsel representative named Joseph Olsen says that the court needs to reverse the ruling that says that recertification laws violate the U.S. constitutional guarantees of equal protection. The court currently upholds the stance that some unions are engaged in public safety and do not need to comply with the vote.
New legislation called Act 10 would require unions to poll their members each year to ask them whether or not they want to continue in the organization. If the union receives a positive number of votes from all members, then they would have the right to continue. Some think that the voting law is politically motivated and discriminatory. Others say that the law is necessary.
If you are involved in a legal discussion involving an employee union, then you have the right to get involved. If you are experiencing injustice, then talk to a local layer at our Washington County Firm. At Vanden Heuvel & Dineen we are focused on meeting all your legal needs. In addition to employment law, we work with criminal defense cases, real estate cases, business cases, personal injury cases and family law cases. Talk to us today for more information about how we can help you!
The open enrollment for Medicare prescription drug plans in December 31, 2009, except for people who qualify for a special enrollment period. Generally, there are two types of drug plans 1) a stand-alone prescription drug plan or 2) drug coverage attached to a private Medicare health plan. To compare plan costs go to medicare.gov and click on the compare drug plans link. Also, visit the Department of Health and Human Services open enrollment center at cms.hhs.gov/center/openenrollment.asp.
The Wisconsin Department of Agriculture Trade and Consumer Protection has adopted Wisconsin Administrative Code rules applicable to the conduct of landlords in residential rental practices. A rental agreement is defined in Wis. Admin. Code ATCP 134.02(10) as “an oral or written agreement for the rental or lease of a specific dwelling unit or premises, in which the landlord and tenant agree on essential terms of tenancy such as rent”. Rental agreements can generally be divided into two main categories: (1) leases – those agreements where property is rented for a definite period of time, and (2) informal tenancies-those agreements with no definite termination date, including periodic tenancies and tenancies at will. Use of written leases or rental agreements minimizes disagreements and disputes. Counties and local municipalities may also have landlord-tenant ordinances.
No, if you are receiving child support, you are not required to pay tax on the child support. If, however, you are receiving family support, you may be required to pay tax. Please discuss this issue with your attorney or accountant.
Generally, such statements are hearsay. Wis. Stats. 906.11 gives the Court broad authority to control the presentation of evidence, including statements of children in a custody case. Look for a hearsay exception before offering the child’s statement. You can potentially admit the child’s statement through an expert. Wis. Stats. 907.03 allows experts to base their opinions on facts or data not available in evidence. Hearsay exceptions which may be successful in the admission of a child’s statement include:
1.    Present sense impression;
2.    Excited utterance;
3.    The existing mental, emotional or facial condition; and
4.    Statements for purposes of medical diagnosis or treatment.
Statements of recent perception are admissible under Wis. Stats. 908.045. For example, if a child says something at school to a teacher or to a daycare provider Wis. Stats. 908.045 may be a successful hearsay exception.
A 16-year-old girl was recently taken into custody in connection with the fatal shooting of a 47-year-old man at the SeaTac motel. Local sheriffs hope to arrest more suspects in connection with the case and sort out who is responsible in the near future. Detectives are currently on the look-out for a 19-year-old-boy who is considered a suspect. He lives in the Skyway area, but has been in hiding since the shooting took place. The victim of the shooting, Herman Tucker, supposedly died from multiple gunshot wounds.
The sheriff’s department suspects that the shooting was in association with a robbery, but detectives have yet to solidify these details. Tucker was at a local Motel 6 when he was gunned down. The 16-year-old arrested in association with the case is being held in custody on charges of first-degree-murder, and could end up with a life sentence if she is convicted of her alleged crime.
Chances are that the teen will be charged as an adult in the case because of the gravity of the situation. In fact, Washington law demands that 16 and 17-year-olds that are charged with serious and violent crimes be charged as adults. This will give the jury the ability to sentence her to a lifetime in prison or issue the death penalty. Execution sentences have only been carried out four times since Washington approved the death penalty in 1976. Detectives currently suspect that the teen was a prostitute who was picked up by Tucker the night before the murder and brought to the Motel 6 to render her services.
When the sheriff’s searched Tucker’s motel room they found two cell phones inside. One belonged to Tucker, and they believe that the other may have belonged to the girl. On the cell phone were messages about robbing Tucker of the rings on his fingers and the cash in his wallet. The Sheriff’s Office reports that two men and two women were then seen fleeing the room partially covering their faces with clothing. They entered a dark colored vehicle and fled the scene, while Tucker died outside of the hotel room. If you are a youth and have been charged of a serious crime like murder or attempted murder, or even a sex crime like prostitution, then talk to a criminal defense lawyer to get optimal representation.
In any divorce, the court looks to determine whether or not there has been any wrong doing by one party or the other, such as: hiding assets or squandering marital property. If your spouse squanders money on gambling or another person, sells assets for substantially less than they are worth, or buys expensive items without your agreement, this type of action could have an impact on the final property settlement. This type of action is known as marital waste. The mere fact of making a bad decision or a poor investment does not mean that marital waste has been committed. There is an element of wrongdoing which must be proved.
Even police are subject to the law, as was shown when three off-duty Bellevue cops were tossed out of the Hawks stadium on September 16th. The two men and two women were enjoying the game, but becoming a nuisance to those around them and eventually got into an altercation with an on-duty Seattle officer. The three men were thrown out of CenturyLink Field for being intoxicated and using constant foul language during a confrontation with a fan. The fan told The Seattle Times that the three police officers began calling him foul names in front of the man’s 12-year-old son. The fan says that he was worried because the officers were younger than him, tougher than him, and clearly drunk.
He called the stadium ushers to report the officer’s irritating behavior. The ushers in turn contact the Fan Experience authorities and the alcohol-enforcement officers at the game. One of the women at the game was a female officer who told the fan that he should “watch himself†after reporting their behavior to the authorities. Currently, the Bellevue Police Department is investigating the issue and has not confirmed or denied reports. Depending on what evidence they find, they may take legal action or reduce the employment benefits for the officers who set a bad example at the game.
The group also surrounded and taunted a police officer outside the stadium who asked them not to litter when they started dropping trash on the ground. A Seattle officer saw what was going on and called back-up in order to preserve the safety of the female officer. When a sergeant and a lieutenant responded, they were also subjected to taunts, ridicule, and obscenities by the drunken group. This instance shows that police may be an authority but they are not perfect. They can make mistakes too. If you were arrested on false charges or treated roughly by a police officer, talk to a lawyer at our firm! Working this into your case may help to reduce or dismiss your charges!
Request is being made by the Wisconsin Bar Association to provide judges with broader powers to expunge court records because the records are too easily accessible online and sometimes abused by viewers. http://wcca.wicourts.gov/index.xsl Currently judges can expunge juvenile records and records of offenders under 25 who commit misdemeanors and low level felonies. The State Bar of Wisconsin has petitioned the Supreme Court to adopt rules that would permit judges to erase records in an acquittal, if a case is dismissed, or if the minimum time for retaining the records is expired. The basis for the request is abuse of http://wcca.wicourts.gov/index.xsl - CCAP records. People are complaining that employers, landlords and romantic prospects are reviewing CCAP for non-legitimate purposes. Discriminating against a person because of his/her criminal record is illegal in most cases. http://dwd.wisconsin.gov/er/discrimination_civil_rights/publication_erd_7609_p.htm
According to Bloomberg Businessweek, Wisconsin is currently up in arms over a recent union law ruling which bars unions from voting each year on whether or not they want to remain in existence. A lawyer for the state argues that the annual vote is a Constitutional right, and that the unions should be able to take a vote each year.
In the midst of the teacher riots in Chicago, states have taken a scrutinizing look at their own labor union laws, and Wisconsin as determined that their unions should not have the right to these types of votes. One Special Counsel representative named Joseph Olsen says that the court needs to reverse the ruling that says that recertification laws violate the U.S. constitutional guarantees of equal protection. The court currently upholds the stance that some unions are engaged in public safety and do not need to comply with the vote.
New legislation called Act 10 would require unions to poll their members each year to ask them whether or not they want to continue in the organization. If the union receives a positive number of votes from all members, then they would have the right to continue. Some think that the voting law is politically motivated and discriminatory. Others say that the law is necessary.
If you are involved in a legal discussion involving an employee union, then you have the right to get involved. If you are experiencing injustice, then talk to a local layer at our Washington County Firm. At Vanden Heuvel & Dineen we are focused on meeting all your legal needs. In addition to employment law, we worth with criminal defense cases, real estate cases, business cases, personal injury cases and family law cases. Talk to us today for more information about how we can help you!
In order to ascertain maintenance, one of the criteria the court looks at is the Standard of Living of the parties while married. These criteria include, but are not limited to, the following:
Appraisal of residence
Vacation homes
Regularity of dining out
Incomes
Pets
Golfing and other sporting activities
Athletic event tickets
Types of activities of children
Vacations
Clothing purchases
Food purchases
Church donations
Vehicles
Boats
How regularly credit cards are paid off
Entertainment
Cleaning services
Lawn services
It is important for the judge to know the type of living style enjoyed by the parties in order to attempt to make sure that any maintenance obligation fits into the previous lifestyle of the parties.
Maintenance does not have to be paid on a monthly basis. It can be paid in one lump sum. A buy out of maintenance raises important and complicated tax issues. Consult an attorney or accountant before deciding to go ahead with a lump sum payment. The IRS offers a number of publications that may help you as you negotiate support: IRS Publication 505, Tax Withholding and Estimated Taxes, is one, and IRS Publication 504, Divorced or Separated Individuals, is another. Both are available at www.irs.gov or by phone request at 800-829-3676.
How long have you practiced law in Wisconsin?
What percentage of your practice is devoted to family law and divorce?
Will you send me a free copy of Divorce Mistakes That Could Cost You a Fortune?
Are you a member of the Wisconsin Academy of Trial Lawyers?
Are you a member of the American Trial Lawyers Association?
Have you previously represented people in situations like mine?
Do you have an AV rating, the highest rating offered by the international legal directory Martindale-Hubbell for legal skills, integrity and honesty?
If I ask you to represent me, will you give me your home telephone number and cell phone number so I can reach you any time I have an emergency?
If you’re away from the office, will someone in your office know about my case if I need help in your absence?
Will you discuss my case with me over the telephone?
How many trials have you conducted in the last five (5) years?
The economy has made determination of earning capacity a much more difficult analysis. People both in and out of the job market are being forced to take cuts in pay or to alter their job requirements and plans. The question is whether or not maintenance calculations should be based on what a person actually earns or should be based on a person’s earning potential or earning capacity based on that person’s education, experience, qualifications and job marketability. It is not enough to look at past 2-W-2s or paychecks. The economy plays a role. In this writer’s opinion, earning capacity is not merely the job for which the person is qualified, but also the job the person can actually obtain in today’s job market. Earning capacity has been defined as “not an amount which a person can theoretically earn, nor is it combined to actual income, but rather it is an amount which a person can realistically be expected to earn considering vocational skills, age and health.” Availability of jobs is also a significant factor.
1. Talk to a number of divorce lawyers. Check out their ratings under AVVO and Martindale Hubble. Try to select an attorney that is familiar with your local rules and judges, and primarily practices in the area of divorce and family law. Figure out how you are going to pay an attorney.
2. Consider consulting with a therapist. Divorce is not easy. You may need assistance in the transition.
3. Get a new email account with a user name and password your spouse does not know and will not be able to guess. Get your own computer. You do not want your spouse to have any access to your computer.
4. Get a post office box. You want to make sure that you are able to get communications from your divorce attorney that are sent exclusively to you and are not accessible to other parties.
5. Set up your own cell phone account. You do not want your spouse to have access to your private conversations.
6. Get a copy of your credit report so that you can ascertain your credit history as it is made available to third parties. Make any necessary corrections.
7. Open your own bank accounts. These accounts should be in your own name and probably in a different bank than where your spouse’s or your joint accounts are located. Use a different address for your new bank accounts.
8. Make copies of your income tax returns for the last five years, including W-2s and 1099s.
9. Apply for your own, individual credit cards. Consider closing or placing limits on joint accounts.
10. Video or make a list or take photographs of all items of personal property in your residence and other real estate. Identify which items were gifted or inherited and which items you brought into the marriage. If you have any receipts for the personal property, make copies of them.
11. Consider hiring your own accountant or financial advisor.
12. Consider closing or freezing joint accounts.
13. You may want to consider advising your bank that no withdrawals can be made from retirement accounts, etc., without written authorization of both parties.
14. If you are the lower income spouse, consider finishing your education or additional training. Two cannot live for the price of one.
15. Consider whether or not you should look for a different job. This is not an easy decision, especially if there are children to be considered and the increased cost of childcare.
16. Decide where you are going to live. Are you best served remaining in the residence, or should you obtain alternate housing. Generally do not leave the residence without a prior, written agreement relative to placement of the children.
17. Get the basics, including dates of birth, social security numbers, date and place of marriage, information about prior marriages and divorces, occupations, employers, education and degrees of each spouse, payroll stubs, a copy of any prenuptial agreement, appraisals, business evaluations, if applicable, mortgage balances, retirement plan statements. Make a copy of all your financial records, including any assets or debts. Know the names and addresses of your financial institutions.
18. Try to assess your financial situation. What is the income of each spouse? What are the expenses of each spouse? Detail your assets and liabilities.
19. What are your employee benefits from your job? Make sure you get copies of life, health and disability insurance policies. Know who the beneficiaries are on these policies.
20. Provide your attorney with a copy of any Will or Trusts that are currently in existence. Obtain COBRA coverage information.
21. If you are moving into another residence, take your personal items with you, i.e., photographs, jewelry and items of special significance.
22. Consider what type of divorce works for you – collaborative, cooperative or traditional.
23. Talk to your spouse about the divorce. If both of you can agree to the divorce, the steps to completing the divorce process will be easier and you are likely to have a smoother transition.
24. Request an earnings and benefit statement from the Social Security Administration for yourself and for your spouse. Form SSA-7704.
25. Keep a log of the time you spend with your children and the type of activities in which you participate.
You don’t need to hire a detective if you are trying to establish your spouse’s infidelity. Too often you can simply use social media including Facebook, Twitter, MySpace, Match.com, eHarmony, etc., to obtain information about your spouse’s internet relationships. When you choose to “friend” or “follow” or when you “write on a wall” or when you list your significant other as a “friend” on your profile, the impact on your marriage can be great. Facebook, Twitter, MySpace cannot be erased. Just because you press a button that says delete does not mean the information does not leave a permanent digital trail. Information posted on Facebook is often used as evidence in divorces. For example, if a separated man on Facebook in his efforts to imbelish his profile indicates that he earns $100,000 when he does not, that information can be used against the husband in the divorce trial. Inappropriate pictures also are fuel for placement and custody cases. The bottom line is be careful what you post online.
Check out the National Domestic Violence Hotline:Â 1-800-799-SAFE or the National Coalition Against Domestic Violence:Â Â www.ncadv.org or 303-839-1852.
The Child Tax Credit provides credit for a child who is under 17, didn’t provide more than half of his/her own support during the year and lived with you for more than half of the year.
Pets are not considered children, and generally the Court will not award “placement” of the dog unless the parties themselves can work out some sort of an agreement. Pets are considered property and Courts treat them as such during a divorce. There are lawyers who specialize in pet issues. Check your local bar association, animal law section. You can also checkout the website of the National Association for Biomedical Research, Animal Law Section, at www.nabr.org/animallaw .
Before selecting COBRA coverage after a divorce, the party requiring health insurance should compare the COBRA coverage to other individual plans, including temporary insurance plans. This can be done by seeking information from various health insurance providers, but also try www.ehealthinsurance.com which allows for comparison shopping.
Wis. Stat. Sec. 767.56 Maintenance provides a list of considerations the court should take into consideration in awarding maintenance. The last factor to be considered is “other factors as the court may in each individual case determine to be relevant.” This other factor may include a relationship with another person on the date of divorce. While the court may not relieve a payor of maintenance based solely on the fact that the payee is cohabitating, if cohabitation enhances the recipient spouse’s financial circumstances, then maintenance may be modified or terminated. Addictions may also be considered “other factors.” Consider alcoholism, gambling, marital waste, etc. On the other side, significant health issues may be another factor.
Wis. Stats. 767.405 (14)(b)1 provides that county custody/placement studies are governed by the rules of evidence. The report must be offered in accordance with the rules of evidence and shall be part of a record in the action if it is so offered and admitted into evidence. The court may review the report, but may not rely upon it as evidence before it is properly introduced.
Generally, such statements are hearsay. Wis. Stats. 906.11 gives the Court broad authority to control the presentation of evidence, including statements of children in a custody case. Look for a hearsay exception before offering the child’s statement. You can potentially admit the child’s statement through an expert. Wis. Stats. 907.03 allows experts to base their opinions on facts or data not available in evidence. Hearsay exceptions which may be successful in the admission of a child’s statement include:
1.    Present sense impression;
2.    Excited utterance;
3.    The existing mental, emotional or facial condition; and
4.    Statements for purposes of medical diagnosis or treatment.Statements of recent perception are admissible under Wis. Stats. 908.045. For example, if a child says something at school to a teacher or to a daycare provider Wis. Stats. 908.045 may be a successful hearsay exception.
Wisconsin property division statutes Wis. Stat. Sec. 767.61(3) creates a presumption that the marital estate should be divided equally, except for properties shown to have been inherited or gifted. Inherited property is removed from the presumption entirely. Under 767.61(3) the presumption applies subject to a number of adjustments to all other property. One of the adjustments is (b) property brought to the marriage by each party. Property brought to the marriage by each party is subject to the presumption and it must be argued that an exception to the presumption should be made giving the property back to the client. Look to the length of the marriage and the work history of the parties in order to address property brought to the marriage.
