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Wisconsin Questions & Answers
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
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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, Family Law and Gov & Administrative Law for Wisconsin on
Q: My bro. buried w/no marker. Cemetery says I have to put up marker. Bro. is POS. I will not do it. Who is responsible?
T. Augustus Claus
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answered on Aug 9, 2023

In Wisconsin, the responsibility for placing a marker on a burial plot often falls on the family of the deceased. While cemeteries may encourage or require markers to be placed for identification and maintenance purposes, it is generally the family's decision whether to do so. If you choose... View More

1 Answer | Asked in Traffic Tickets for Wisconsin on
Q: I live in Wisconsin, I have my temps an am 18 can I drive with someone that's my friend and has their license
T. Augustus Claus
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answered on Aug 2, 2023

Wisconsin's Graduated Driver Licensing (GDL) laws state that individuals with a learner's permit (temps) must be accompanied by a qualified supervising driver who is at least 21 years old and has a valid driver's license. The supervising driver should also be seated in the front passenger seat.

1 Answer | Asked in Employment Law for Wisconsin on
Q: is it considered retaliation if i put my two weeks in at my job, then later i get fired ?

i was given a warning and i sign it, the next day i put in my two weeks, can a company fire me for putting in my two weeks ?

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

In most states you are considered an "at will" employee, which means that you can quit or be terminated without any advance notice, and without any reason. Retaliation via an employment termination for giving 2 weeks notice of quitting, is not usually, by itself, a recognized form of... View More

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can an abusive parent have custody rights of unborn baby later on?

The abusive parent has two restraining orders of domestic violence to past relationships, can the abuser have custody rights to the unborn baby later on

T. Augustus Claus
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answered on Jul 25, 2023

In Wisconsin, the court considers the best interests of the child when making decisions about child custody and placement. If one parent has a history of domestic violence and there are concerns about the safety and well-being of the child, the court may take that into account when determining... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: can I file a case against a creditor in Bankruptcy court and Civil court?

I reopened my Bankruptcy case to file sanctions against a creditor for violating the discharge injunction. Can I also file a case against the same creditor for Fraud in Civil Court.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 19, 2023

In theory, IF your sanctions and fraud claims are based in different transactions/facts, yes, you probably can initiate two separate actions.

You don't disclose any facts in your question, and those would be key to deciding which court has primary jurisdiction. It may well be better...
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1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Do I really have to go through probate in Wisconsin to close my deceased mother's bank account which only has 1300.00.

There was suppose to be a POD on her account but they can't find it. We live in Wisconsin.

Anthony M. Avery
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answered on Jul 17, 2023

If you cannot convince the Bank to transfer funds with an Affidavit of Heirship/ Next of Kin, then it may not be worth the time and money to get the funds. Call a WI attorney about a possible summary probate or Affidavit, but it may be best to forget about those funds. Banks keep... View More

1 Answer | Asked in Antitrust and Probate for Wisconsin on
Q: The sole beneficiary of his uncle's estate and life insurance policy never received anything, but the executor (neice)

Fail to honor his wishes and her and his sister shared it privately. What can be done?

Anthony M. Avery
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answered on Jul 14, 2023

Hire a WI attorney to check the Probate File and see what is going on. If it is as you say, then either remove the Executor for cause and an accounting, or sue the executor for conversion. Speed is important here. I doubt there is a Bond that can be claimed against.

1 Answer | Asked in Contracts for Wisconsin on
Q: Do all parties who signed the original contract have to sign a replacement contract in Wisconsin to be valid
Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

It Depends. (typical lawyer answer) It depends on what the contract says about modifications, does it require all parties to sign in order to modify? You have to read the contract because the terms will control modifications or extensions. If people don't sign, you cannot bind them to it.... View More

1 Answer | Asked in Divorce, International Law and Family Law for Wisconsin on
Q: I'm mexican with a valid turist visa, I got married in SC, how can I get the divorce? he still lives in SC.

I am a mexican with a valid turist visa in now staying in the state of Wisconsin, but i got married in South Carolina and my still husband resided there. I wanted to know if is possible to get the divorce from him, I mean I want to, but I do not know how because I am a turist. I lived in York SC... View More

James L. Arrasmith
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answered on Jul 10, 2023

As a Mexican citizen with a valid tourist visa, you may be able to pursue a divorce in the state of South Carolina where you got married, even if you are currently residing in Wisconsin. Divorce laws vary by state, so it's important to understand the specific requirements and procedures in... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can I retract complaint I made to police in WI (54914)? Damage is less than appeared & will be awkward with neighbor

On July 4 of this year, the neighbors next to us set off several rounds of illegal, very dangerous, fireworks in the street by our residence (mines, cakes, bottle rockets) over a period of 2 hours (2100-2300 hours). Debris was everywhere but I filed a police complaint the following morning (I DID... View More

T. Augustus Claus
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answered on Jul 6, 2023

Once a complaint has been made to the police, it is up to the authorities to decide how to proceed with the investigation. It may be possible to request to withdraw or modify the complaint, but ultimately the decision lies with law enforcement and the prosecuting attorney.

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.

2 Answers | Asked in Personal Injury and Real Estate Law for Wisconsin on
Q: Can a solar farm be built next to me if I am chronically ill?

I suffer from chronic asthma and Broken Heart Syndrome. I have been hospitalized three times in the last two years. My heart is damaged. From what I have read about the construction, I cannot breathe for at least six months. My doctor told me to move. It was a predatory mortgage; we owe more than... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

A Wisconsin attorney could advise best, but your question remains open for a week. I'm sorry for the stressful ordeal this has created for you. In terms of personal injury, if the project was properly permitted and the work complies with OSHA, environmental, health, land use, and other... View More

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1 Answer | Asked in Business Law and Construction Law for Wisconsin on
Q: We own a construction business and just finished a customer's roof. They put a hold on the payment check.

We finished the customer's roof yesterday and they were happy with the work and paid us with a check. Today, they said they were unhappy with a portion of the roof that is perfectly fine and they put a hold on the payment check. Can they do this?

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2023

A Wisconsin attorney could advise best, but your question remains open for two weeks. The first thing to check is whether there is a problem with the work that you were not aware of. However, if the work is satisfactory and meets contract specs, then you could reach out to local attorneys to... View More

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 Real Estate Law for Wisconsin on
Q: Is there a 7 year provision on driveways in wisconsin? meaning if there for more than 7 years? its over property line

Driveway done by previous owners. It encroaches neighbors property line. He has not put large rocks on driveway blocking part of my access in this dispute. Permitted in 1998 using a hand drawing, but in 2008 another previous owner put in concrete and may have went property line. Neighbor bought in... View More

Anthony M. Avery
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answered on Jun 27, 2023

Since you just bought the property in 2020, you may be able to sue your seller for breach of warranty of title . But you definitely have a boundary dispute. Hire a WI attorney to file suit which is basically a Declaratory Judgment with Trespass. Acquiescence to the ascertainable boundary line... View More

1 Answer | Asked in Products Liability, Small Claims, Intellectual Property and Trademark for Wisconsin on
Q: Can a distributor ship products of another brand who has permission to use a 3rd companies logo on the product w theirs

I as a distributor of tea products place a brand customer's custom logo on the product and ship to their customer when they have orders. If one of these brands also has us place another 3rd parties logo (a 501c charity they raise money for) on the product am I at risk of any legal liability... View More

Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Those third party logos are someone's intellectual property, and I would advise you to obtain some kind of proof from your customer that these third party logos are allowed/licensed to be used in the particular product.

1 Answer | Asked in Constitutional Law, Criminal Law and DUI / DWI for Wisconsin on
Q: If a police officer puts the wrong time in report . Can case be dismissed . I was stopped at noon not midnight . He lied

I was stopped 2 days after I purchased a vehicle the office pulled me out of the truck preformed DUI test said I failed but I was sober . Lied on report said midnight and it was noon when stop occured . His testimony should be invalid even if I had a small but detected amount of controlled... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

If you were sober, the drug test will most likely be the single strongest piece of evidence that determines your guilt or innocence. If you had a small amount of a controlled substance, the "driving facts" will also play an important part in determining your guilt or innocence. A small... View More

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the other parent get custody of child if this parent never had custody or is on the birth certificate
Jane E. Probst
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Jane E. Probst
answered on Jun 14, 2023

The other parent would need to file a petition to be adjudicated the parent of thie child.

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