By: Attorney Max Stephenson and Paralegal Ali Jaeger

Parents who choose to divorce or separate will need to address a wide variety of issues related to child custody. These include what is commonly known as legal custody, which covers major decision-making for the child, and physical custody or physical placement, which determines where the child will live. Along with major decisions detailing how parents will work together to raise their children and when they spend time with their children on a day-to-day basis, they may need to address exceptions to these rules and variances from these plans. One issue that may be raised in these situations is the right of first refusal.

What Is the Right of First Refusal?

As parents provide care for their children, situations may arise in which one parent will not be available during the time they are scheduled to have physical placement or visitation. In these cases, the other parent may feel that it would be better for children to be in the care of a parent rather than another caretaker, such as a babysitter, a grandparent, or a step-parent. This is where the right of first refusal comes in. This right will ensure that if a parent is ever going to be unavailable during a time when they are scheduled to have the children stay with them, they must contact the other parent and offer them the chance to take the children. Other childcare arrangements may only be made if the other parent refuses to provide care.

By: Attorney Adam Schleis

There are a variety of situations where family members may seek protection against domestic violence or abuse. A domestic abuse restraining order is a court order designed to protect domestic violence victims from suffering harm. These orders may be issued as part of a family law proceeding such as a divorce or child custody case, or they may be sought in other situations where a person has experienced abuse and needs protection. In situations where a person has been served with a domestic abuse restraining order, it is important to understand the penalties for violating the order.

Restraining Orders and Injunctions in Wisconsin

A person who has allegedly been the victim of domestic abuse may file a petition seeking a restraining order against their alleged abuser. Domestic abuse may include any actions taken by a person against a member of their family, including their spouse or ex-spouse, their unmarried partner, a person they previously had a dating relationship with, a co-parent, a disabled adult who is in their care, or another person in their household. Abuse may constitute any intentional infliction of pain or physical injury, sexual assault, stalking, or property damage. If a person allegedly committed abuse against a child, the child's parent, stepparent, or legal guardian may file a petition on the child's behalf.

By Attorney Ray Dall’Osto and Attorney Jaclyn Kallie

Attorney Raymond M. Dall'Osto and Gimbel, Reilly, Guerin & Brown, LLP were retained a number of years ago by Daryl Holloway’s family to conduct a postconviction investigation into his felony sexual assault convictions.  After a careful review of the evidence, previous testing and methodology, new DNA testing was requested by Attorney Dall’Osto.  DNA expert Dr. Alan Friedman was retained as a consultant. 

Attorney Dall’Osto and the Milwaukee County District Attorney’s Office, represented by Asst. DA Norman Gahn, had numerous exchanges and meetings over a number of years, including meeting at the Wisconsin State Crime Lab.  ADA Gahn ultimately agreed to the defense request for new testing, which showed that there may have been a different source of the seminal fluid evidence obtained from the assault victims.  Dr. Friedman recommended that further DNA testing be conducted, using the Y-STR method.

By: Paralegal Ruth Campos

Truck accidents are a serious problem on our nation's roads. Each year, thousands of people are killed in accidents with large trucks and other commercial vehicles, and tens of thousands more suffer serious injuries in these types of collisions. Many of these accidents are caused by driver fatigue. Truck drivers can easily become tired or drowsy after being on the road for extended periods of time. Attempting to drive when a person is too tired to operate a commercial vehicle safely greatly increases the chances of a truck accident. In fact, studies have shown that between 7 and 13 percent of fatal truck crashes are associated with a lack of sleep. Victims who are injured in these types of accidents can work with a personal injury attorney to establish liability and pursue compensation for their damages.

Issues Leading to Truck Driver Fatigue

Truck drivers are required to undergo extensive training to ensure that they will be able to operate large trucks safely. They must also obtain commercial driver's licenses, and they must abide by "hours of service" regulations to ensure that they do not remain on the road for longer than is safe. Under these regulations, truck drivers are generally limited to 11 hours of driving in a day, and they cannot drive at all after the 14th hour following the beginning of their shift. They are also required to spend at least 10 hours off-duty between driving shifts, and seven of those hours must be spent in a sleeper berth. A half-hour break must also be taken after driving for a total of eight hours.

By: Attorney Kristen Nelson and Paralegal Rachel Sweet

People in certain occupations, including psychologists and therapists, must have a professional license in order to practice. The requirements that must be met in order to obtain a license can be complicated. Typically, a psychologist must complete an accredited graduate program and pass a professional exam, and gain experience through an internship. Once a psychologist has met all the requirements and obtained a license, there are still rules that must be followed in order to keep the license in good standing. If a psychologist violates these rules, they could face disciplinary action. By understanding the issues that could lead to license discipline and working with a professional license defense attorney, a psychologist can take the correct steps to address these issues and avoid issues that could affect their career.

Reasons for Disciplinary Action to a Psychologist License

If the Wisconsin Psychology Examining Board believes that disciplinary action is necessary, it may deny a person’s application for a license, suspend a license for up to one year, revoke a person’s license, impose probationary conditions, or issue a reprimand. Disciplinary action may be warranted based on:

By:  Attorney Megan Drury and Paralegal Ali Jaeger

Anyone going through a divorce will need to address multiple issues related to their finances and the property they own. When dividing marital property, a couple will need to consider all of the assets and debts they acquired during their marriage. One of the most important of these assets is the couple’s marital home. Real estate can be a significant investment, and each spouse will want to make sure they receive an equitable share of their home’s equity. The home will likely have sentimental value for both parties as well, and resolving disputes about ownership of the home can sometimes be difficult. 

Property Division Options Related to the Marital Home

In many cases, it will be necessary to perform an appraisal of a couple’s home during the divorce process. This will establish the current market value of the home, and a couple can determine the value of the equity they own based on the mortgage payments that have been made during their marriage and the amount remaining on the loan. This may also provide them with an understanding of the purchase price they will most likely be able to receive if they choose to sell the home.

By: Attorney Kristen Nelson and Paralegal Rachel Sweet

A number of professions require people to obtain licenses before they can work in that field. Obtaining a professional license can be a complex process, and a person will usually need to provide documentation of education or training, and they may need to meet other requirements, such as having a certain amount of experience. Depending on the profession, there may be some issues that could affect a person’s ability to obtain a license, including certain types of criminal convictions. Those who have worked in certain professions in the past or who wish to become licensed professionals may need to address felony convictions, and they can do so with the help of a professional license defense attorney.

When Do Felony Convictions Disqualify a Person From Receiving a Professional License?

Under Wisconsin law (Wis. Stat. § 111.335), professional licensing boards are generally allowed to refuse to issue a professional license to a person who has been convicted of a felony, misdemeanor, or other offense that is related to the specific profession. In addition, the law states that denial of a license or refusal to employ a person because of a felony conviction is not considered discrimination. 

By: Attorney Jason Luczak

Law enforcement officials take drug charges very seriously. Those who are accused of possessing, selling, distributing, or transporting controlled substances may face a variety of criminal charges. The severity of these charges can vary depending on whether a person is charged with an offense at the state or federal level. In many cases, federal charges are more serious, and a conviction may result in very large fines, a lengthy prison sentence, and other consequences.

Wisconsin residents and visitors to the state can enjoy many outdoor activities during the summer, including riding ATVs on trails in state parks or on private property. While this can be a great form of recreation, it can also be dangerous, and multiple types of accidents involving ATVs can occur. In fact, there have been nine fatal ATV accidents in Wisconsin so far in 2022. Following these types of accidents, injury victims or the surviving family members of those who were killed will need to determine who was responsible, and they may be able to pursue financial compensation from negligent parties who were liable for an injury.

Causes of ATV Accidents

In some cases, ATV riders may be injured due to their own errors or negligence, such as by taking unnecessary risks or failing to follow the proper safety procedures. However, there are a variety of situations where other parties may be partially or fully responsible for an accident. Victims of ATV accidents may be able to pursue compensation in situations involving:

• Dangerous trails - ATV riders who are using trails on public land or private property may expect these trails to be safe, but there may be hazards that could put them at risk. If riders were not warned about potential dangers, or if hazards were not corrected, a property owner may be liable for injuries that occur as a result.

  ...

By Attorney Kristen N. Nelson

In the State of Wisconsin, doctors, nurses, and other healthcare professionals are required to fulfill high standards of knowledge, skill, and professional and personal conduct in order to achieve and maintain their license to practice. A professional may be at risk of losing their license for a variety of disciplinary reasons, but one of the most serious threats to a healthcare professional’s license and career is the possibility of a conviction for criminal charges. If you are under investigation, or if you have been charged with a crime, it is crucial to have a skilled attorney who can help you avoid both criminal and professional penalties.

When Can a Conviction Result in Professional License Discipline?

According to Wisconsin law, both the Department of Safety and Professional Services (DSPS) and specific licensing boards have the authority to deny or revoke a professional license from a person who has been convicted of any crime or offense that is related to the practice of their profession. This can include both felonies and misdemeanors. Additionally, some licensing boards have standards in place to discipline professionals who are convicted on charges that are not necessarily directly related to their practice.