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Wisconsin 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

1 Answer | Asked in Business Law for Wisconsin on
Q: Can a not for profit corporation change their name without disolving the corporation and starting over?

They would like a name that better describes the location.

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answered on Dec 23, 2023

Yes, a not-for-profit corporation can change its name without dissolving and starting over. This process typically involves amending the corporation's articles of incorporation to reflect the new name.

The specific steps to change the name will depend on the state in which the...
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1 Answer | Asked in Trademark and Intellectual Property for Wisconsin on
Q: If a character name is trademarked for books, film and TV, but the game trademark has been abandoned, can I register it?

Here's the exact scenario, but with the character name changed. For example, the character name Matlock is currently trademarked for usage in books, films, and TV by a major media company (plus a number of other trademarks around clothes, notebooks, etc).

They also had the computer... View More

James L. Arrasmith
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answered on Dec 20, 2023

When considering registering a trademark for a character name that's already in use in other mediums, it's important to recognize the complexities involved. Even if the trademark for the game version of the character name is abandoned, the character itself might still be protected under... View More

1 Answer | Asked in Civil Litigation for Wisconsin on
Q: Personal property is being withheld from me in the value of 20-50,000. by a woman I trusted with it for safekeeping

I sent a box of memorabilia that is part of my memoir about my 20-year relationship with Dr Hunter S Thompson. It is filled with unseen artifacts and photos, letters, notes, and faxes. We were discussing a possible documentary, but as the relationship progressed, I decided against it. She will not... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, where personal property of significant value and sentimental importance is being withheld, the first step is to gather all documentation and evidence that supports your ownership and the agreement for safekeeping. This can include any correspondence, such as emails or texts, that... View More

1 Answer | Asked in Business Formation, Business Law and International Law for Wisconsin on
Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?

My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this?

James L. Arrasmith
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answered on Dec 14, 2023

Registering an LLC in your mother's name while you are on an F1 visa in the USA requires careful consideration of both immigration and business laws. As an international student, your F1 visa has specific restrictions regarding employment and business operations.

Firstly, you should...
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1 Answer | Asked in Immigration Law, Business Formation, Business Law and International Law for Wisconsin on
Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?

My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this?

James L. Arrasmith
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answered on Dec 12, 2023

Using your mom's name to register an LLC in the USA is technically possible, but there are some important considerations to keep in mind:

Legal Implications: Registering an LLC in someone else's name, even if it's your mom, may not be against the law in itself. However,...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: Do I have to show up to a court date if never was summoned paperwork but says I was,
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answered on Dec 8, 2023

In Wisconsin, you are not required to attend a court date if you were never served with official court documents, as the Constitution guarantees your right to due process, which includes proper notification of legal proceedings against you. Without being served, the court lacks personal... 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
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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

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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

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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
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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 Divorce and Family Law for Wisconsin on
Q: What should a woman with little to no money do to set boundaries between her and her current husband?

Her husband has taken her daughter and claims she is on drugs. I can not confirm or deny that allegation. All I know is if she was I didn’t notice it. Her husband isn’t currently in probation, however he has quite a long list of convictions. I could go on and on but I just want to know what she... View More

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answered on Nov 8, 2023

Encourage your friend to keep a detailed record of any incidents involving her husband's behavior, including dates, times, witnesses, and any threats or intimidation. This documentation can be crucial in seeking legal protection or restraining orders. and your friend communicates clear... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Is it legal for your probation officer to hold a probable cause hearing on charges that have already been dropped?

He was transferred from AL to WI 2 years ago and only has 4 months left on probation. He’s currently being held for this hearing with no new charges.

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answered on Nov 7, 2023

It would not be legal for a probation officer to hold a probable cause hearing on charges that have already been dropped. This is because a likely cause hearing is typically held to determine whether there is enough evidence to proceed with criminal charges. If the charges have already been... View More

1 Answer | Asked in Criminal Law, Identity Theft and International Law for Wisconsin on
Q: I am being managed by MDM , all my iOS devices and home.TV’s Sono’s Nests , vehicles are stalking us. Using our banking,

Please help me to get this resolved.

James L. Arrasmith
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answered on Oct 26, 2023

If you believe your devices are being managed or monitored without your consent, it's crucial to take immediate steps to protect your privacy. Firstly, disconnect your devices from the internet to halt any unauthorized access temporarily. Report the unauthorized access to local law... View More

4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

Adam W. Bell
Adam W. Bell
answered on Oct 20, 2023

I have recently had quite a few potential clients with this sort of question and I have not been able to recomend any of them go ahead. First ou are faced with a couple of thousand years of prior art. Secondly the obviousnes standards for combining known ingredients are not high. I have had success... View More

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4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

James L. Arrasmith
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answered on Oct 23, 2023

To determine if an ingredient or recipe has already been patented, you'll want to conduct a thorough patent search. Begin with the United States Patent and Trademark Office (USPTO) database, which allows you to search through issued patents and published patent applications. Utilize various... View More

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4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

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answered on Oct 19, 2023

To determine if your energy drink ingredient is already patented, you can start by searching the USPTO database and other relevant sources. This will help you understand whether your invention overlaps with existing patents. For personalized legal advice tailored to your unique circumstances,... View More

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4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 19, 2023

OK, so here is the situation. You have two separate issues: (1) can you make and sell your energy drink?, and (2) can you patent it to keep others from copying your invention? The first question is typically the more important one.

(1) To make sure that you do not infringe on other...
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1 Answer | Asked in Election Law for Wisconsin on
Q: can our westfield wi town chair person have a court record-where she owed the state of wisconsin considerable money in

income tax and also have small claims court date trying to get her out of office--

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answered on Oct 18, 2023

In Wisconsin, it's possible for a town chairperson to have a court record related to owing the state income tax or being involved in a small claims court case. Court records are typically public unless sealed by a court order. Such records can potentially impact her position in office, but the... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can a judgement lien still be place on my home after the ten years are up?
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answered on Oct 16, 2023

No, a judgment lien cannot still be placed on your home after the ten years are up in Wisconsin. Under Wisconsin law, a judgment lien expires after ten years from the date it was entered. After ten years, the judgment creditor can no longer enforce the lien against your home. For personalized legal... View More

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