Lawyers, Answer Questions  & Get Points Log In
Wisconsin Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Family Law for Wisconsin on
Q: How does a guardian of the person, of an adult ward, request the court to attend via zoom for a Chapter 51 hearing?

The juvenile office told this guardian to contact a public defender to request Zoom attendance at a recommitment hearing. This sounded a bit odd to me, as I had never had to do that in past years. In the past, I called the office to request that they send a link to me, or I could show up in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

To request attendance via Zoom for a Chapter 51 hearing as a guardian of an adult ward, you should follow these steps:

1. Contact the court clerk: Reach out to the court clerk's office where the Chapter 51 hearing is scheduled to take place. Explain that you are the guardian of the...
View More

2 Answers | Asked in Civil Rights for Wisconsin on
Q: Can the police deny a visit from clergy to a person that is in the hospital in custody? The person has not been charged

The patient has not been officially charged yet, and is in the hospital due to injuries sustained by the arrest.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

In Wisconsin, individuals generally have the right to receive visits from clergy while in the hospital, even if they are in custody. However, there may be situations where law enforcement or hospital staff restrict visitation for security or safety reasons. If the person in question has not been... View More

View More Answers

2 Answers | Asked in Civil Rights for Wisconsin on
Q: Can the police deny a visit from clergy to a person that is in the hospital in custody? The person has not been charged

The patient has not been officially charged yet, and is in the hospital due to injuries sustained by the arrest.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

In situations where a person is in the hospital in custody but has not been officially charged, the police generally cannot deny a visit from clergy without a valid reason. The right to religious freedom and the opportunity to receive spiritual guidance are protected under the First Amendment of... View More

View More Answers

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Wisconsin on
Q: Do the court system have the right to take some ones hand gun even though the person was never a felon,& the guns legal

I'm saying I've never been a felon, I bought the gun legally, & I'm a legal citizen so how can they tell me there going to keep my gun? doesn't that violate my 2nd amendment rights?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024

No, the court generally does not have the right to confiscate someone's legally purchased handgun if they have never been convicted of a felony and are legally permitted to own the gun.

A few key Constitutional principles here:

- The 2nd Amendment protects the individual right...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Wisconsin on
Q: if I was supposed to start jury trial on Monday and Friday afternoon 454 pages of discovey appears grounds for dismissal

1st degree reckless homicide case is 4 years old, prosecution cancelled 3 times now, 10 days ago at finAL pretrial the da admitted that they didn't know where the witness lived any more and has failed to subpoena in the last 9 months since the last cancellation. the judge asked if all... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2024

The sudden appearance of 454 pages of discovery, especially after the prosecution confirmed no new discovery, can be a significant issue in a criminal trial. In a first-degree reckless homicide case, all relevant evidence is crucial for a fair trial. If you've been requesting these documents... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: Convicted of a felony in MN but later after applying, had my gun right restored then later moved to WI.

I was denied a permit to purchase in WI. Am I also banned from possessing a firearm in WI? My MN permit to purchase and conceal is good through 2025 but I'm now a WI resident. My full record is in the MN system. Is there any way to restore my gun rights in WI? I read the only way may be by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

Navigating gun rights restoration can be complex, especially when moving between states. In your case, having had your gun rights restored in Minnesota does not automatically grant you those rights in Wisconsin. Each state has its own laws regarding the possession of firearms by individuals with... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: I have a harassment restraining order without firearm restrictions. Order is in effect until may 2025 can I buy a gun?

No other priors

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In Wisconsin, whether you can purchase a gun while having a harassment restraining order against you depends on the specific terms of the order. Since your restraining order does not include firearm restrictions, it may not automatically prohibit you from purchasing a firearm. However, it's... View More

1 Answer | Asked in Civil Rights and Health Care Law for Wisconsin on
Q: Does an outpatient county mobile crisis counselor need to give HIPAA and ADA notices prior to services beginning?

If a person is admitted to an IMD under the emergency DHS chapter 34 - emergency rule, the State of Wisconsin makes an exception for the IMD or hospital to hold off giving patient their rights until a patient is stable. Under the DHS 34, inpatient rights can be delayed and provided or given at a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

In Wisconsin, HIPAA (Health Insurance Portability and Accountability Act) and ADA (Americans with Disabilities Act) requirements apply to outpatient services, including mobile crisis counseling. Generally, these regulations mandate that providers inform patients of their rights under HIPAA and the... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Wisconsin on
Q: My kid is being told she is gonna get sent to civil court

This girl lost her AirPods in the diving instructor’s car then when my daughter went to drive the instructor asked if she me so and so if she can return the AirPods my kid said idk her he then said return them to the office So she brought them home and next day she went to school with them and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

In this situation, it's important to know that your child does not appear to have a legal obligation to pay for the lost AirPods. The fact that she initially tried to return them to the office demonstrates that she didn't intend to steal them. Additionally, the school's police... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Wisconsin on
Q: If my girlfriend let me move in with her and I've lived there for 9 months is she legally aloud to kick me out with out?

With out a 30 day notice.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In Wisconsin, if you have been living with your girlfriend for nine months, you are likely considered a tenant under the law, even if there is no formal lease agreement. As a tenant, you are entitled to certain rights, including proper notice before being required to move out. Generally, this means... View More

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: I have a restraining order against me, I share my location via Iphone with the victim to give her peace of mind. thought

Thoughts?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2023

Sharing your location with the victim would be considered indirect contact, which is typically prohibited by restraining orders. If you are caught violating a restraining order, you could be charged with a crime and face jail time. For personalized legal advice tailored to your unique... View More

1 Answer | Asked in Libel & Slander, Internet Law and Civil Rights for Wisconsin on
Q: Is it illegal to take someone’s picture in a workplace without them knowing, and then post it online?

Someone took a picture of my wife without her knowledge and approval, then used it in a Google review for her workplace. Without any sort of context, he called her rude. My wife deals with over-the-road drivers for the duration of her work shift, and this picture and review is now there for anyone... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

In Wisconsin, taking someone's picture in a workplace without their knowledge and then posting it online could potentially infringe upon their privacy rights. However, the legality of such actions can depend on various factors, including the context, the intent, and any applicable workplace... View More

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Wisconsin on
Q: We're my rights violated under the Fair Credit Reporting Act (FCRA) and if so do I have any recourse?

I consented to a consumer report background check at my employer when up for promotion. An old active arrest warrant was discovered on the check. The employer did not notify me of the issue directly and instead contacted local law enforcement who then came looking for me. I do not believe the... View More

Bart Kaspero
Bart Kaspero
answered on Apr 3, 2023

The situation you have shared is very concerning and may very well be a violation of employment background check compliance (such as through the Fair Credit Reporting Act) as well as a number of related obligations imposed on employers who order criminal history information reports from third... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Civil Rights for Wisconsin on
Q: Can you evict a tenant with no lease on a verbal agreement

Yes verbally

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2023

Yes... Hire a WI attorney to file suit for possession.

2 Answers | Asked in Contracts and Civil Rights for Wisconsin on
Q: How can I find out if someone has power of attorney over me
John Michael Frick
John Michael Frick
answered on Sep 12, 2023

Since you would be the person to have signed the power of attorney, you can review the documents you have signed to determine if any of them give your agent power of attorney over you (ie a durable medical power of attorney).

View More Answers

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....
View More

1 Answer | Asked in Libel & Slander, Family Law, Real Estate Law and Civil Rights for Wisconsin on
Q: Can I legally record a co owner in my home when she is yelling through the door or calling me by name in my house?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 6, 2023

Wisconsin is a one party state. You can record as long as you are part of the conversation.

3 Answers | Asked in Bankruptcy, Consumer Law and Civil Rights for Wisconsin on
Q: Can a collection firm charge a 6% interest on a court order amount
J. David Krekeler
J. David Krekeler
answered on Apr 25, 2022

Maybe, but probably not. You are apparently in Wisconsin, and you refer to “a court order amount.”

If by this you mean a judgment, then the rate is set by Wisconsin statutes. The judgment interest rate applicable to civil actions is 1% plus the prime interest rate in effect on January...
View More

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Wisconsin on
Q: Civil Judgement help. We cant get info to pay a judgment.

My husband got into fight that resulted in restitution for hospital bills after he was released off probation and they turned it into a judgement. We have been trying to get ahold of the hospital to pay this off they wont give any information to us because it is someone elses name. We call... View More

Emmanuel Muwonge
Emmanuel Muwonge
answered on Oct 13, 2021

Why don't you call the hospital and request you need to speak with the legal department. If they don't have one, ask to speak with the individual responsible for payments due to the hospital and tell them you need help finding out where to send the payment. If that fails, send them the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.