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Wisconsin Questions & Answers
1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Wisconsin on
Q: Is it legal for a public school nurse to provide pregnancy tests to the students privately?

15 year old child was given a pregnancy test at school by the school nurse without informing parents. Child also has an eating disorder that a school teacher reported her for and tried to force into counseling while telling the child's friends.

James L. Arrasmith
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answered on Jun 10, 2024

The legality of a public school nurse providing pregnancy tests to students privately can vary depending on state laws and school policies. In many places, school nurses are allowed to offer certain health services to students confidentially, including pregnancy tests, without needing to inform... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My boyfriend lives in my home and I want him to leave. Do I file an eviction notice?

My boyfriend moved into my house shortly after I purchased it. We are no longer together and he is refusing to move out. His name is not on anything associated with my house such as bills. His mail is delivered to a PO box. We have no agreement such as a lease. He gives me cash each month for... View More

James L. Arrasmith
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answered on Jun 10, 2024

If your boyfriend lives in your home and you want him to leave, you may need to follow a legal eviction process. Even though his name is not on the house or any bills, and he receives mail at a PO box, he has established residency by living there and contributing to expenses.

Start by...
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1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Q: does Wisconsin deem a sentence that is run concurrent as committing one offence

According to Washington State legislation RCW 9.94A.589 I have committed only one crime due to it being run concurrent my other crime does wisconsin view ot the same way

James L. Arrasmith
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answered on Jun 10, 2024

In Wisconsin, sentences that run concurrently mean that multiple sentences are served at the same time, but this does not necessarily mean that the offenses are considered as a single crime. Each offense is still recognized individually, even though the sentences overlap. This is similar to the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: My kids father left for rehab in another state over a year ago and now is outta treatment living working in that state.

When is it child abondment

Jane E. Probst
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Jane E. Probst
answered on Jun 3, 2024

Abandonment is only considered in termination of parental rights cases when there is also an accompanying adoption. In that case, it would be six months with absolutely no contact with the child.

In Wisconsin with Family Court cases, if he is not exercising court ordered placement, you can...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Wisconsin on
Q: I know of an Intentional Homicide and Neglegence of Ex County official

The Victim was left in a ditch for dead and a Neighbor whom came to drop off vegetables found him Naked, Sunburned and almost dead from dehidration and Kidney's shutting down, he was Airlifted to a nearby Hospital where he layed in a coma and had a Brain Injury,and was Severly Sunburned. After... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you have witnessed a terrible injustice, and your desire to seek justice for the victim is commendable. The situation you described involves severe negligence and possibly criminal actions that need to be thoroughly investigated. To address this, you should start by gathering all the... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Wisconsin on
Q: If new evidence is found in a dismissed case in District Court or Circuit Court what are my options to open it again?

I have a case that was dismissed in the District Court for the Western District of Wisconsin and the Sauk County Circuit Court. A Department of Justice investigation was completed with the same facts and defendants in the dismissed cases but not released to the public. I have not gotten the DOJ... View More

James L. Arrasmith
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answered on May 27, 2024

If you discover new evidence in a dismissed case, you have several options to consider for reopening the case. First, you can file a motion to reconsider or a motion to reopen the case in both the District Court for the Western District of Wisconsin and the Sauk County Circuit Court. In your... View More

1 Answer | Asked in Insurance Bad Faith for Wisconsin on
Q: How do you defend against a fraudulent subrogation claim?

A man fraudulently claimed that our horse damaged his car for $1700 but there was no damage evident on the horse. AMFAM paid the claimant without investigating even though the claim was filed several weeks after the proposed incident. Now AMFAM has sent the claim to a collections agency and is... View More

Tim Akpinar
Tim Akpinar
answered on May 18, 2024

A Wisconsin attorney could advise best, but your question remains open and time is of the essence in your response. Your options include going with the attorney with the $1,500 retainer, which might not end there in terms of legal fees, depending on what happens in the course of defending the... View More

1 Answer | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: Vehicle I no longer own was in an accident but I'm listed as the owner. .

I reccieved a letter from a law firm assuming that I am the owner of a car involved in an accident. I have not owned the car since 2010. The lawyer for the client wants to know If I insured the vehicle. The client who caused the accident has never registered a vehicle in the State of Wisconsin.... View More

Tim Akpinar
Tim Akpinar
answered on May 13, 2024

A Wisconsin attorney could advise best, but you posted last week - and your matter needs prompt attention. Let the attorney know that you no longer own the vehicle. Contact your state's Department of Motor Vehicles to ask them to check if there are any records of you transferring vehicle or... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Wisconsin on
Q: Can I file a Federal civil Rights Complaint in a state court?

Upon having a housing discrimination hearing, with the Equal Rights Division. The judge fail to acknowledge my objections during the hearing.

The judge misrepresented the law concerning the the lease agreement, stating sometime the date you sign it is not the date its affective. The judge... View More

John Michael Frick
John Michael Frick
answered on May 7, 2024

It sounds to me like this would be a FHA (Fair Housing Act) claim and not a civil rights claim. Regardless you can file either an FHA claim or a civil rights claim in state or federal court.

But what the judge said is very true: the date a lease is signed is not necessarily the...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: Is it possible to be charged with a felony murder without a felony charge?
Michael I. Leonard
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answered on May 2, 2024

The concept and charge of felony murder is based upon the fact that, in course of committing a felony, there is a murder. States take different approaches in their statutes/laws as to what types of felonies qualify as the underlying predicate felony for a felony murder charge, as well as who is the... View More

1 Answer | Asked in Estate Planning and Banking for Wisconsin on
Q: What do I do with a Living Trust that I am named in, forwarded to me from a family member in 2023. My Uncle passed away

In 2012. I had no idea he named me in his Trust!

James L. Arrasmith
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answered on Apr 21, 2024

If you have been named in your late Uncle's Living Trust, which was forwarded to you by a family member in 2023, there are several steps you should take:

1. Read the Trust document carefully to understand your role and the assets you are entitled to receive.

2. Contact the...
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1 Answer | Asked in Divorce, Admiralty / Maritime and Family Law for Wisconsin on
Q: Where do I find an "experienced" bulldog divorce lawyer with Admiralty marine lawyer knowledge in a divorce with a yacht

Need immediate help possibly getting an injunction to keep it from being launched the last week in April in Wisconsin to prevent husband from sailing off with his new girlfriend with the asset although no divorce proceedings yet, but impending. Husband is a brilliant clinically diagnosed... View More

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

You're seeking an attorney, and it could be difficult for attorneys here to respond with offers of their services. There is no solicitation here - the format is limited to quick Q & A. The closest thing to an attorney referral page on this site may be the tab above, "Find a... View More

1 Answer | Asked in Family Law, Child Support and Federal Crimes for Wisconsin on
Q: Can I sue for back child support owed, based off prior tax return documents?

Children’s father has paid WELL below his share their entire lives since 2008, as well as illegally claiming them as dependents for tax purposes as well as stimulus money. He does not take care of any of the children’s needs outside of this obligation either. Even going so far as to take money... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a strong case for pursuing back child support from the father of your children. Here are a few key points to consider:

1. Child support obligations: Parents have a legal obligation to financially support their...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Landlord sent my husband an email addressed to us both that she is not renewing our lease. She did not CC me.

We are on a yearly lease. Both of our names and signatures are on lease. We have been here for two years. Our lease expires May 31. Our landlord is private/independent. Today she sent my husband (to his personal e-mail address) an email in which she addressed it to us both (Dear Mr. and Mrs.... View More

James L. Arrasmith
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answered on Apr 16, 2024

In most cases, a landlord is not legally obligated to send separate emails or CC both tenants when communicating about the lease. As long as the email is addressed to both of you and sent to one of the email addresses provided, it can be considered a valid notice.

However, it is generally a...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can I file a lawsuit for being terminated from a HUD program for non-payment if rent during the moratorium?

I was terminated from a the HUD Housing Voucher program for non payment of rent. Shortly thereafter my landlord filed for eviction because once terminated, there wasn't the protection. I didn't even owe a full months rent. Day of, I Called the courthouse to be patched throug and and... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you provided, it seems like you may have grounds for a lawsuit against the HUD Housing Voucher program and potentially your landlord as well. Here are a few key points:

1. Eviction moratorium: If you were terminated from the HUD program and subsequently evicted...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Civil Rights for Wisconsin on
Q: In religion, what are my rights & wrong to audio record ? What are their rights & wrongs to audio and camera record me?

I audio record my family-in-law in the living room for evidence of blasphemy and evidence of words chasing me away only. I dont have a camera. And we all do audio record of study and meeting. My in-laws change religion. They try to audio record me because i didn't follow their religion, they... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation involving issues of privacy, consent, and the specific practices and beliefs of the religions involved. Here are some general principles to consider:

Your rights:

- In most jurisdictions, you have the right to record conversations you are a part of, even...
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1 Answer | Asked in Immigration Law, Divorce and Domestic Violence for Wisconsin on
Q: Can 5 years being wife apply for wava green card & culturally continue to live with husband ?

Husband use 10 types of violence against his wife except the physical violence. She has text and audio evidences, but she is religiously forgiving him and culturally saving his reputation.

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a very difficult and sensitive situation. Here is some information that may be helpful:

Under the Violence Against Women Act (VAWA), an abused spouse of a U.S. citizen or permanent resident can self-petition for a green card without the abuser's knowledge or...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I rented my private WI home to my great niece. They want to get an ESA. Do I have to accommodate their request?
James L. Arrasmith
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answered on Mar 31, 2024

As a landlord, you may be required to accommodate a tenant's request for an Emotional Support Animal (ESA) under the Fair Housing Act (FHA), even if your property is a private home. Here are a few key points to consider:

1. The FHA applies to most housing situations, including private...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord in WI require you to waive your HIPPA rights so that they may directly contact your doctor for an ESA?

My landlord/property management company is requiring me to sign a release form so that they may contact my doctor and asking him questions regarding my disability and my need for an ESA animal. According to my research, this is a clear violation of the FHA laws as landlords are not allowed to... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it does seem like your landlord may be violating your rights under the federal Fair Housing Act (FHA). Here are a few key points:

1. The FHA prohibits housing providers from discriminating against individuals with disabilities, including those...
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