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Wisconsin Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin on
Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded

Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed.

James L. Arrasmith
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answered on Dec 24, 2023

A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your... View More

2 Answers | Asked in Domestic Violence for Wisconsin on
Q: Does having two active domestic violence restraining order affect an on going case of child abuse make you look bad?
Todd B. Kotler
Todd B. Kotler
answered on Dec 14, 2023

YES! This is why having your own attorney is so important. This forum is no substitute for hiring your own lawyer to help mitigate those portions of a case which might reflect badly upon you.

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1 Answer | Asked in Domestic Violence for Wisconsin on
Q: What happens if defendent pleads not guilty but then proven guilty for violating a temporary restraining order?
T. Augustus Claus
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answered on Oct 12, 2023

In Wisconsin, if you plead not guilty to violating a temporary restraining order but are proven guilty, you could face fines, jail time, or both. The conviction may also impact other legal matters you have. For personalized legal advice tailored to your unique circumstances, it's advisable to... View More

1 Answer | Asked in Domestic Violence for Wisconsin on
Q: My friend got a restraining order filed against her wrongly. What happens if she isn't served and doesn't show up
T. Augustus Claus
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answered on Aug 30, 2023

If your friend in Wisconsin is facing a situation where a restraining order has been filed against her wrongly and she hasn't been served with the order or attended any court hearings related to it, there are potential implications. If proper service hasn't occurred, the court might lack... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Wisconsin on
Q: in wisconsin can a person sue in civil case for property for money restitution in criminal case
Todd B. Kotler
Todd B. Kotler
answered on Jul 3, 2023

I do not practice law in WI. However, in Ohio this can be done so it is likely also possible in WI. Assuming you are able to pursue the matter to judgment and succeed, you will have an issue of collecting your judgment and not having the defendant declare bankruptcy.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Wisconsin on
Q: How do i make a case stronger when it comes to proving child abuse happening against my 2 year old from her dad

I filed a TRO for my daughter due to 3 witnesses stepping forward to abuse they saw, heard or were told about that was happening to my 2 year old. I took it to court but i lost the case and they told me i didn't have enough evidence and that spanking a child was not against the law. my child... View More

Jane E. Probst
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Jane E. Probst
answered on Jul 1, 2023

Sometimes, depending on the age of your child, the best thing to do is to find a therapist for your child. A Therapist is a mandatory reporter for abuse and would be able to have much more insight and credibility.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin on
Q: I got a lunch detention a couple weeks ago because I took the blame for my friend. He called someone the N-word.

My parents asked what happened. I told them that I took the blame for someone else’s actions. They said they would call the school, and if the principal said something different, I would be “Beat the sh*t out of me with a belt, until my a** was so red, that I couldn’t sit down.”

Todd B. Kotler
Todd B. Kotler
answered on May 12, 2023

You have not really asked a question so I will comment on what i think the implied question is.

If you legitimately are afraid that your parents are going to beat you up that would fall under the category of domestic violence menacing. You should report that to your school counselor....
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1 Answer | Asked in Domestic Violence and Family Law for Wisconsin on
Q: My ex husband was arrested for 1 947.01(1) Disorderly Conduct Misd. B Modifier: 968.075(1)(a) Domestic Abuse

Recently had a court date extended but had to pay a signature bond with conditions. The conditions. He was not to come in contact with my home, vehicle etc except texts to exchange kids. I have a text to prove he was in my home. Now what

Jane E. Probst
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Jane E. Probst
answered on Jun 22, 2022

You need to contact the police to report this. If he violates conditions of the signature bond, it will be revoked or modified.

1 Answer | Asked in Domestic Violence, Family Law and Civil Litigation for Wisconsin on
Q: Hi I was just wondering if I can get some help with a temporary restraining order that I got served on Saturday
Jane E. Probst
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Jane E. Probst
answered on Jun 8, 2022

You will need to contact a local attorney to discuss your matter in more detail.

2 Answers | Asked in Criminal Law and Domestic Violence for Wisconsin on
Q: If Bond conditions state there's a no contact between two people can the person who is not on bond still send messages?

I'm on bond it states that I cannot have contact with a person or their residence, but they continue to message me multiple times a day. Is this legal

Sarah Schmeiser
Sarah Schmeiser
answered on Aug 10, 2021

Yes. If you are on bond for a crime and the Court orders you to have no contact with someone you are the one constrained, the other person is not. However, if there is an issue with this contact and you want it to stop, you may be able to take other action such as requesting a restraining order... View More

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2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Wisconsin on
Q: Can my 15 yr old file a restraining order on his father ?
David N. Iancu
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David N. Iancu
answered on Dec 2, 2020

Yes, but the other parent will be filing on his behalf as guardian.

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1 Answer | Asked in Domestic Violence and Criminal Law for Wisconsin on
Q: Is it a violation of a RO if threats are sent to a 3rd party, but 3rd person isn’t asked to pass on the threat but does?

I hold a harassment RO against a sibling in WI. The injunction requires them to avoid “causing” anyone from contacting me. Contact was to a mutual family member where they, unprompted, threatened to ruin me financially and lied about my conduct; a repeat of some of the behavior that the court... View More

Jane E. Probst
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Jane E. Probst
answered on Oct 14, 2020

I believe that the Court would find this to be a threat through a third party. You would need to find exceptions to the hearsay rule to have these threats admitted into evidence. The third party receiving the communication would need to testify. A statement by the person It would be considered... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Wisconsin on
Q: Do I need representation for DV initial court appearance, the one within the 72 hours no contact?

My wife hit me and I have a black eye, I pushed her off of me and left the house. She called PD and they issued a warrant for me. She said I punched her and that she didn't hit me at all. Now I'm being charged. Court is tomorrow 10-30-19

Gary Kollin
Gary Kollin
answered on Oct 29, 2019

I you feel you can represent yourself and obtain a reasonable bond, then you can take the chance.

You will eventually need one, so why not start now?

1 Answer | Asked in Criminal Law and Domestic Violence for Wisconsin on
Q: i was attacked by son at my newly purchased home, he calls cops , i get charged with domestic abuse. Last seen him 2 yrs

police come, ask 2 questions then arrest me. they did not ask me my Maranda rights and took me to jail. bail was $850. I am recently divorced and won the house in the divorce & i just recently refinanced it and now only in my name.

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Feb 4, 2018

I do not see a question. Miranda rights are read so any statement you make can be included in the case. Perhaps your first two answers can be excluded. Is the charge disorderly conduct? I think you should see an attorney and get discovery.

1 Answer | Asked in Criminal Law and Domestic Violence for Wisconsin on
Q: Is it ok for a spouse of a person who is prohibited from owing fire arms to own one.

I know someone who sells guns and said they were in his store trying to buy a gun for him knowing he is legally not supposed to have them. What is the law regarding his spouse registering them and letting him use them. They both know he cannot legally possess them. And is there a way to turn... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Nov 25, 2017

Husband may not possess a firearm (gunpowder driven). Spouse can have one (but not a good idea.). He can not use it, handle it or save it some place.. He also can not buy one whether or not they will sell him one. Enhanced criminal penalties can apply if he is found with one while committing... View More

1 Answer | Asked in Domestic Violence for Wisconsin on
Q: I was a victim of domestic abuse for years. He moved away but still comes back a lot, can he be arrested?

I have pictures from injuries from the abuse, text messages from him admitting it, a journal of all the dates, and witnesses. Can he be arrested?

Michael Edwards
Michael Edwards
answered on Aug 23, 2017

It all depends on what he is doing when he keeps coming back to the residence. If he is engaged in violent or offensive behavior with you, consider notifying the police since you can get a record of it from a police report. If this happens frequently, you may want to consider filing for a... View More

1 Answer | Asked in Civil Litigation and Domestic Violence for Wisconsin on
Q: my friend has a restraining order against her ex-boyfriend. she violated the order when he contacted her.

they have a child together and he keeps threatening to take her to court if she doesn't do what he says. is there anything that she can do?

William F Sulton
William F Sulton
answered on May 15, 2017

Your question is unclear. It sounds like a woman has a restraining order against a man. The restraining order prohibits the man from contacting the woman. The restraining order does not, however, prohibit the woman from contacting the man. As such, it follows that the man cannot "take her to... View More

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