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Latest from Hawley, Kaufman & Kautzer, S.C. Blog

The Constitutionality of Revocation in OWI Cases In April 2017, Scott Forrett was arrested for, and charged with, his 7th offense for Operating while Intoxicated. In the following court proceedings, the revocation of his refusal to submit to a warrantless blood test after his arrest in a prior conviction allowed for an increase in his sentence. Forrett was sentenced to 6 years of initial confinement and 5 years of extended supervision.  However, Forrett challenged the…
What is a Guardian Ad Litem and How to Ensure Your Child is Protected in Family Law? In Wisconsin, for legal cases in which the two parties in a family law case are unable to reach an agreement, a guardian ad litem is appointed. A guardian ad litem is a licensed attorney appointed by the court to represent and advocate for a child’s best interests in a family law matter. The GAL will investigate the…
Steps in criminal cases: Discovery and Pretrial Negotiations After a plea is entered the District Attorney provides discovery, which includes police reports, witness statements, photographs and any audio or video recordings taken during the course of the criminal investigation. It is not uncommon for supplemental reports to be exchanged during the course of the case. When reviewing the police reports, it is important keep in mind the perspective of the author and the information known…
When Should I Hire a Divorce Attorney – Money Problems  This is the third part of my series – When Should I Hire a Divorce Attorney. This post is about problems with money. Money problems arise in many marriages and that alone is not a reason to get a divorce. However, if the issues with money persist and lead to a breakdown of the marriage such that you have considered filing for a divorce, then…
Steps in Criminal Cases: Preliminary Hearing If you have been charged with a felony, you have a right to a preliminary examination hearing. At that hearing, the State, through the district attorney, has the burden of proof and must produce a witness to provide testimony that establishes probable cause that: a felony was probably committed and that you probably committed it. At this type of hearing, hearsay is permissible. This means that the witness, often…
When Should I Hire a Divorce Attorney – Infidelity This is the second part of my series – When Should I Hire a Divorce Attorney.     Infidelity is absolutely a time when you want to hire a divorce attorney. A divorce attorney will remain detached from emotions and will help you with your children and finances.  There is something seriously wrong in your marriage, if one or both spouses are cheating. Infidelity, cheating, whatever…
When Should I Hire a Divorce Attorney – prior to filing for divorce As a divorce attorney in Sheboygan County I get asked all the time, “when should I hire a divorce attorney”. I have thought about that question and I have come up with 7 times when you should hire a divorce attorney. This post talks about one instance when you should hire a divorce attorney. I will make another post with additional instances.…
YOUR TESTIMONY CAN MAKE A DIFFERENCE AT A HEARING One of the things that I discuss with my clients is that they are “fact witnesses” and nothing more. In family law matters, clients are concerned and distracted by emotion. The emotion of the moment can take over and cause a client to provide testimony that is not clear or factual. As you can imagine, any court official in having to make a decision benefits from…
THE CDC AND HHS HAS ISSUED AN ORDER PREVENTING YOU FROM PURSUING RESIDENTIAL EVICTIONS AGAINST ANY “COVERED PERSON” Landlords beware. Understand what you may do and what you cannot do under the new Order from the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS). The Order Effective September 4, 2020 and through December 31, 2020 a landlord cannot pursue a residential eviction if the tenant is a “covered…
While the divorce is pending, who gets use of the house, when can I see the kids, do I have use of our money? Get a Temporary Order! A concern among any person splitting from a spouse, is how do I know that I will be protected during the divorce proceedings? For starters, work with your spouse to come up with a plan. Ideally, the two spouses will come up with fair and reasonable resolutions…