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Archive for the ‘Law’ Category

What is Domestic Violence?

Saturday, July 9th, 2011

Wisconsin criminal law classifies domestic violence as a crime if violence occurs between persons who live together. It also extends to people who do not live together, but are dating or share a child or children together.

Crimes frequently charged as domestic violence can include, but are not limited to:

* Disorderly conduct
* Battery
* Criminal damage to property
* Violation of a domestic violence injunction (restraining order)

If you are accused of domestic violence, you have powerful forces aligned you in Wisconsin’s judicial system:

* Most jurisdictions in Wisconsin have mandatory arrest policies for police who find themselves in a situation where one person merely accuses another of domestic violence.
* Domestic violence advocates have a powerful presence in the Wisconsin State capitol where new laws are passed every session extending the scope of what is considered a domestic violence crime. In Milwaukee County, domestic violence advocates work in conjunction with three different courts and a Court Commissioner who are devoted solely to domestic violence cases.
* Milwaukee County has a Federal grant that funds not only those three courts and Commissioner, but also a squadron of District Attorneys…all dealing with domestic violence cases.

It is no surprise that an average citizen in this situation quickly finds themselves over their head and in need of an experienced domestic violence attorney.

Underage Drinking Laws in Wisconsin

Thursday, December 17th, 2009

Wisconsin especially has adopted a policy that completely prohibits underage drinking and operating motor vehicles. The state’s program features the slogan “Not One Drop” and highlights the strong stance that the state takes toward minors driving under the influence.

As the name suggests, Wisconsin has a zero-tolerance policy for minors operating vehicles under the influence of drugs or alcohol. Statute 346.63 (2M) in Wisconsin states that persons who have not yet reached a legal drinking age cannot operate a motor vehicle with a blood alcohol content (BAC) of 0.0%. If a minor is caught driving with a BAC over the limit, he or she will be subject to an immediate three-month suspension of driving privileges and may face additional charges for violating the state’s drinking laws.

Wisconsin also stipulates that individuals who refuse to submit to a breathalyzer test will face license revocation for a period of one year. Such penalties are designed to persuade individuals to submit to BAC testing immediately upon apprehension and can assist the case in the event it ever goes to criminal court.

Most drinking-law violations in Wisconsin require the individual to go to court, regardless of the plea. Some individuals may be allowed to take alcohol-awareness classes in lieu of the three-month license suspension. Persons who choose not to participate in alcohol education are typically forced to take the suspension and any other judgments handed down by the court.

Because the state places so much importance on it’s drinking laws, minors in the state should be aware of the punishments for violating such provisions. It is especially important to know that minors suspected of driving under the influence may be subject to harsher punishment in Wisconsin than in other states. Fortunately, such hard-line stances help to discourage minors from making decisions that may cause harm to themselves and others.