Wisconsin Recent Legal Answers from Lawyers

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404 legal questions have been posted about by real users in Wisconsin. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Wisconsin Recent Legal Answers from Lawyers
Get legal advice from Wisconsin lawyers. Read answers to recent Wisconsin questions.

Recent Legal Answers

You would need to read the charging document to understand what is going on. Many times the DA overcharges but then drops some charges during plea negotiations. 
You would need to read the charging document to understand what is going on. Many times the DA overcharges but then drops some charges during plea... Read More

Petitioning my mother

Answered a year and 2 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Assuming that you did not obtain your permanent residence through adoption, you should certainly petition for your mother. I will also assume that your mother is overseas. The time involved would be approximately two years if she is overseas. You would have to fill out and send the I-130 petition for alien relative to USCIS to begin (you can access the USCIS website at www.uscis.gov for all the forms and instructions); wait about a year for the USCIS adjudication; and upon approval, you and your mother would begin working with the National Visa Center of the US Department of State to prepare all of her other documents for an immigrant visa interview at the American Consulate or Embassy in her home country. As for your aunt’s petition, you can largely ignore that except to notate it on the I-130 form where it asks whether your mother has ever been petitioned before. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
Assuming that you did not obtain your permanent residence through adoption, you should certainly petition for your mother. I will also assume that... Read More
I would need a little more information and clarity from you to be able to answer your question, as it involves a few different parts.  Whether it is legal to record someone without their permission is a matter of state law. Wisconsin is a one-party consent state, meaning that only one person invovled in a conversation needs to give permission to be recorded. Thus, if you and John Smith were engaged in a conversation, it would be perfectly legal for John to record that conversation without informing you. But if Jane Doe was not a participant in the conversation but she secretly recorded the conversation between you and John without permission from either of you, then her recording would be illegal. Thus, whether this filming was legal or illegal will depend on the circumstances. However, even if somebody has permission to record or film you, this does not necessarily mean they may use the recording or film however they want. This depends mainly on the nature of the use. For example, if you were being filmed by a news crew for somehting newsworthy, this is likely falls under the doctrine of "fair use." Also, if you are a public official or otherwise famous, it is more likely that the use would be considered fair use. However, if your likeness is being used for profit, they typically need your permission to do so. If you have agreed to be filmed and have signed a contract related to such filming, the contract will describe exactly what rights the other party has to use your image. Regarding an AI chip, it is unclear what are you asking. Do you mean that the other party is using generative AI tools trained on films of you to produce a digital copy of you? If so, this likely constitutes copyright infringement and/or misappropriation of your likeness, assuming that you have not signed a contract that gives the other party rights to do this. If you instead mean that the other party has surgically inserted a computer chip into your body without your permission, then this likely constitutes an assault, and I would recommend contacting local law enforcement as a first step. ... Read More
I would need a little more information and clarity from you to be able to answer your question, as it involves a few different parts.  Whether... Read More

Are companies able to request a total to be garnished higher than the judgement amount?

Answered 2 years and 2 months ago by Matthew A. McKenna (Unclaimed Profile)   |   1 Answer
Hello, A garnishment order generally allows a creditor to garnish the amount in the judgment, as well as additional interest, fees, or costs of collection. https://www.consumerfinance.gov/ask-cfpb/can-a-debt-collector-take-or-garnish-my-wages-or-benefits-en-1439/ WI 812.32  Earnings garnishment generally. Earnings garnishment is an action to collect an unsatisfied civil judgment for money damages plus statutory interest and costs, from earnings payable by the garnishee to the debtor. https://docs.legis.wisconsin.gov/statutes/statutes/812/ii/34 There could be postjudgment interest accruing on the previous judgment.  Thank you ... Read More
Hello, A garnishment order generally allows a creditor to garnish the amount in the judgment, as well as additional interest, fees, or costs of... Read More

Can there be a continuation filed to extend the amount of time needed to pay court-ordered back property taxes?

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

Can a company withhold an earned commission if you quit.

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More
Having an emotional support animal in a dwelling is governed by laws protecting those with disabilities from illegal discrimination.  It is very important that you understand that the animal is not being protected--you are being protected from discrimination based upon your disability.  There are rafts of websites that provide "ESA certificates" that can easily be challenged because the owner of the pet does not actually have a disability that significantly interferes with a major life activity.  They just got an ESA certificate because they want to have a pet somewhere pets aren't allowed.Assuming you have a legitimate disability and require an ESA, a landlord can lawfully deny a request for waiver of a no pet policy if the animal in question poses a direct threat to the health or safety of others and that threat cannot be eliminated by other reasonable means.  A severe documented pet allergy can provide the basis for such a denial.  But general allergies or a dislike of dogs cannot provide such a basis.Your case will depend heavily upon the specific facts and circumstances of your particular situation.  Does your landlord really have a severe medically documented allergy to dog hair?  What happens when exposed to dog hair?  Do you really have a disability that requires you to have an ESA?  What happens to you when you don't have your ESA nearby?  How long were you living there without an ESA?  Was your landlord discriminating against you because of your disability even before you got the ESA?  What happened with respect to your disability that now requires you to get an ESA?This could be a very complex, lengthy, and expensive lawsuit.  It is impossible to predict the outcome.... Read More
Having an emotional support animal in a dwelling is governed by laws protecting those with disabilities from illegal discrimination.  It is very... Read More
I see that you are in Wisconsin. As an Annapolis child custody lawyer, my area of practice is confined to Maryland law. But, nevertheless, I can provide some general insights into your situation. Typically, the legal rights and responsibilities of a biological father can vary from state to state, but generally speaking, a biological father has certain constitutional rights to be involved in his child's life. This usually includes the right to seek visitation or even custody. However, these rights are balanced against the best interests of the child. If a court finds that a parent is unfit due to issues such as criminal activity, substance abuse, or other factors that may put the child's well-being at risk, they can limit or even terminate those rights. Regarding your thoughts on moving out of state, again, laws vary, but it's generally allowed for a pregnant woman to move and live wherever she wishes. Once the child is born, however, issues of custody and parental rights can become more complex, especially if the other parent wishes to be involved and you wish to limit their involvement. In your situation, it would be highly advisable to consult with a family law attorney in Wisconsin to understand the specific legal implications of your decisions. They can guide you on the best way to protect your interests and those of your unborn child under Wisconsin law. This is an important and potentially complex situation, so having professional legal advice is crucial. Remember, the information I provided is based on general principles and may not fully reflect the laws in your state.... Read More
I see that you are in Wisconsin. As an Annapolis child custody lawyer, my area of practice is confined to Maryland law. But, nevertheless, I can... Read More

can i be evicted without formal paperwork

Answered 3 years and 8 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
It depends on what you call notice?  Were you served a Notice to Quit? That is the begining of the formal process. If you would like to speak with us further about defending against the eviction, please feel free to contact us.  It is a technical process that moves quickly if you do not understand what you are doing. 203.870.6700... Read More
It depends on what you call notice?  Were you served a Notice to Quit? That is the begining of the formal process. If you would like to speak... Read More

Can I sue someone for putting life in danger???

Answered 3 years and 9 months ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
In the US, as well as in WI, a person can sue another person for any legitimate reason so the answer is yes you can sue your Dad.  The real question is whether that suit will succeed and if your Dad is collectoible.  It would not be a case I'd take but call other WI Personal Injury lawyers and see if any are interested in it.  Good Luck.... Read More
In the US, as well as in WI, a person can sue another person for any legitimate reason so the answer is yes you can sue your Dad.  The real... Read More

My employer won't take my Doctors note on restriction into consideration. I am fearful that I am going to lose my job.

Answered 3 years and 9 months ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
Call the DHA (608-266-7709) and follow the directions to be connected to the worker's compensation receptionist and have her connect you to the administrative law judge on duty that day.  Tell the judge the issues you are having and the judge will help you.  Good luck.
Call the DHA (608-266-7709) and follow the directions to be connected to the worker's compensation receptionist and have her connect you to the... Read More
She may not hire a civil process server to serve your subpoenas 
She may not hire a civil process server to serve your subpoenas 

Can I sue my dentist

Answered 3 years and 11 months ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Labor and Employment
Your issue is a an employment and labor question not a work injury question.  I have switched your question to that practice area for answers.  I cannot help you as I do not practice in that area.  Good Luck!
Your issue is a an employment and labor question not a work injury question.  I have switched your question to that practice area for... Read More

Lead

Answered 3 years and 11 months ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security Disability
This is a social security disability question so I have moved your question to that practice area for answers.  Good luck!
This is a social security disability question so I have moved your question to that practice area for answers.  Good luck!

Friend allowed to stay in USA while his K1 visa is processed?

Answered 4 years ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
fiancée visas are issued overseas at the US consulate. A US citizen can sponsor his fiancée for a K visa, and once the visa is issued, the foreign national will travel to the United States but must get married within 90 days, after which that for national could be sponsored for a green card.... Read More
fiancée visas are issued overseas at the US consulate. A US citizen can sponsor his fiancée for a K visa, and once the visa is issued,... Read More

Can she move out of state with children

Answered 4 years ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
This is a family law case so I moved your question to that practice area - good luck!
This is a family law case so I moved your question to that practice area - good luck!

Does Workmanโ€™s Comp not cover workplace incidents if theyโ€™re my own fault?

Answered 4 years and a month ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
If you were just walking around at work and rolled your ankle it is not work-related.  You need something at work to have cassue the injury like tripping on something or falling becasue of ice or uneven pavement.  However, consult a local worker''s compenation lawyer for a case review.... Read More
If you were just walking around at work and rolled your ankle it is not work-related.  You need something at work to have cassue the injury like... Read More

Municipal clerk of court won't provide me the paperwork to file motions, subpeonas, and depositions. I've asked repeatedly

Answered 4 years and a month ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer
Hire a lawyer
Hire a lawyer
No. A US citizen can sponsor her fiancé for a k visa only if the couple has met in person within 2 years of the k visa filing. 
No. A US citizen can sponsor her fiancé for a k visa only if the couple has met in person within 2 years of the k visa filing. 

Can my Filipino girlfriend come here to visit?

Answered 4 years and a month ago by attorney Kevin L. Dixler   |   2 Answers   |  Legal Topics: Immigration
I agree with Mr. Black.  It is her vaccination status, not your's, that is an issue.  The law governing non-immigrant visa issuance requires a consular official to presume immigrant intent.  Your girlfriend may be required to overcome that presumption in order to secure a non-immigrant B2 visitor visa. This can prove challenging if your girlfriend is a nanny who lacks the funds to travel and who's sole purpose is to meet up with her American boyfriend.  The presumption to uphold immigrant intent and deny the non-immigrant visa can prove to be overwhelming to a consular official. Therefore, you may need to consider getting vaccinated 'or' get timely Covid19 tests in order to travel to visit her, and return, depending upon the nation that you intend to meet within.  Otherwise, you may not be allowed to get on the plane. Given the situation, it is usually in your best interests to meet her and petition her as a K1 fiance, due to the extreme processing delays.  There are 'very limited exceptions' to avoid a meeting.  An effort to file for this exception that is denied means that a second K1 will need to be filed, again.  Upon admission, this will allow the two of you to spend some time together. This, in order to determine whether to get married.  If there is a decision not to get married, then she will need to leave within the 90 day period.  If there is a marriage, then additional paperwork may be filed. It is best to find a competent and experienced immigration attorney who will review the situation.  This will allow time to ask enough questions to help determine the best option.... Read More
I agree with Mr. Black.  It is her vaccination status, not your's, that is an issue.  The law governing non-immigrant visa issuance... Read More

I am being sued along with my ex employer for an accident, do I need a lawyer too other than the company lawyer?

Answered 4 years and a month ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
You ate under your employer's auto insurance policy and that policy will provide you a lawyer in defense of the claim up to the policy limits. If you think there's going to be an excess claim that would implicate your personal funds then it would be smart to consult a lawyer. You can also consult lawyer at this time for an assessment.  I need a lawyer who has experience in but with a defending personal injury cases.... Read More
You ate under your employer's auto insurance policy and that policy will provide you a lawyer in defense of the claim up to the policy limits. If you... Read More

Do I have the right to collect workers comp. for job related stress, anxiety and deppression issues.

Answered 4 years and a month ago by Atty. Peter J. Carman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
You can make a claim from a mental injury associated with work but if it is not tied to a physical injury adn is what is known as a mental-mental injury (which that is what yours sounds like), you need to pass the extraordinary stress test which, esssentially, says that your mental stress must be deemed outside the norm of the usual stress that other similarly situated workers experience in your line of work.  Call a qualified worker's comepnsation lawyer in your area for a free case evaluation.  Good luck.... Read More
You can make a claim from a mental injury associated with work but if it is not tied to a physical injury adn is what is known as a mental-mental... Read More

How do I defend a 948.055 charge?

Answered 4 years and a month ago by Andrew M. Jaffe (Unclaimed Profile)   |   1 Answer
This is a serious charge!  You need to hire a criminal law lawyer to represent you ASAP.
This is a serious charge!  You need to hire a criminal law lawyer to represent you ASAP.
Yes contact the Work comp insurance carrier and let them know the issue they should pay for it if they paid for everything else that was related to the work injury. Good luck.
Yes contact the Work comp insurance carrier and let them know the issue they should pay for it if they paid for everything else that was related to... Read More

Is there any law that can help us out there?

Answered 4 years and 5 months ago by Pamela W. Flores (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Health Care
I'm sorry your family is dealing with this now, however, this is not a estate planning question.  I would reccommend having your priest or religious represetative try to work with the hospital administration for a resolution.  
I'm sorry your family is dealing with this now, however, this is not a estate planning question.  I would reccommend having your priest or... Read More