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Restraining Orders

A restraining order is a court order that orders someone not to hurt you, to avoid any contact with you, cease harassing you, or require the person to move out of the house.  

In order to get a restraining order, you must file a petition for a temporary restraining order and injunction.  The person seeking protection is called the petitioner and the person you file against is called the respondent.  The Court will decide whether or not to issue a temporary restraining order based on the information that you write in the petition.  If the Court grants the temporary restraining order, a hearing will be scheduled within 14 days.  At that hearing, the Court will decide whether to issue an injunction, which is a final order of protection.  An injunction can be granted for up to 2 years for child abuse and up to 4 years for domestic abuse, harassment, and individuals at risk. 

If a temporary restraining order or injunction is granted, violation of the order is a crime.  If the police believe that the order has been violated, they may arrest the respondent.  However, the respondent must be served with the temporary restraining order or the injunction before the respondent can be found in violation. 

If you would like to find out more information about restraining orders, please contact Greg Babcock at our office for assistance. 

Tags: Family Law Litigation

INVESTOR MALPRACTICE

Persons entrust financial advisers to make wise decisions in the handling of their money.  Many times the investments perform poorly or lose money. 

INVESTOR LIABILITY IN WISCONSIN
So long as the investor applied competent techniques in analyzing the investment and advised his or her client appropriately, there is generally no liability to the investor or the financial institution that employs him/her.  But in some cases investors make blatant mistakes that are not attributable to fluxuations in the stock market.  For instance, investors may take actions that create unwarranted tax liability for their clients, or make decisions based on what commissions they can generate for themselves rather than decisions that benefit their clients. In such cases, persons suffering from the situations do have recourse.

FINRA ARBITRATIONS
Generally there is an agreement in place that the parties agree NOT to go to court but instead agree to arbitrate the matter through the Financial Institution Regulatory Authority (FINRA).  FINRA requires the aggrieved investor or financial adviser to file a complaint and then appoints an impartial third party to arbitrate the matter and function much the same way a judge would operate.

There is also an opportunity to mediate the matter.  However the process is complex. A person not represented by experienced legal counsel would be at a big disadvantage against the financial institution that is denying they have any responsibility to fix the problem that it’s financial advisers created.

CONTACT A LOCAL ATTORNEY
If you have such a situation in the Green Bay Wisconsin area, you should contact Attorney David Daul of Wanezek, Jaekels, Daul & Babcock, S.C., for further consultation. He is an attorney experienced in this area of the law. Call (920)437-8191, or contact him online today. The experienced attorneys and staff at our local law firm are ready, willing and able to assist you.

Tags: Business Law Estate Planning Litigation

RECOVERY OF PROPERTY

In Green Bay, Wisconsin, there are often circumstances where another person has possession of property that is legally yours and refuses to return it.  Such cases may not quite rise to the level a criminal theft but nonetheless, because of a dispute between parties, one party is in possession of property that may not belong to him. The attorneys at the law firm Wanezek & Jaekels, S.C., discuss your rights and often help you recover your property.

Some examples may be business associates parting ways dispute what property belongs to who, an accountant who refuses to return accounting records, a former employee who refuses to return a piece of equipment owned by the employer, and an ex-boyfriend who will not return property (among endless scenarios).

LEGALLY RECOVERING YOUR PROPERTY
Such circumstances can be extremely frustrating to the lawful owner. This is especially the case if law enforcement will not get involved because it is “a civil matter.”   However our civil courts do provide a remedy.  The remedy is a “Writ of Replevin,”  that is, a court order to one party to hand over property, usually with an order to the county sheriff to assist in the recovery.

In Wisconsin, the Small Claims court has jurisdiction to recover property up to a certain value.  Some property of higher value must be put into “high side” court.  Regardless, the process is complex and there are certain specific pleadings requirements.

If you find yourself in such a situation you should consult with Attorney David Daul to advise you on how to recover your property. Attorney Daul and the lawyers at Wanezek & Jaekels can help you legally recover your personal property, assist with conversion claims, and advise you on a variety of legal property issues.

CHILD INJURED WHILE IN INSTITUTIONAL OR GOVERNMENT CARE

It is every parent’s worst nightmare that their child, after having been placed in institutional or governmental care is injured as a result of an intentional assault either by an employee of the State, the institution or another resident/patient.  This type of assault can cause extreme emotional trauma far beyond the physical damage suffered by the child, to both the parents and the child. If such circumstances exist, there may be acute and time sensitive issues involved.

INJURIES & STATE LIABILITY; REQUIREMENTS
Typically, if a person is injured while in a State institution in Wisconsin, a certain formal notice must be given within 120 days pursuant to Wisconsin law.  Parents are entitled to obtain records associated with the assault through “open records” laws in effect in Wisconsin.  Such injuries suffered by a child can often lead to liability on the part of the State or the institution to the child; and to the parents.  There are numerous and complex legal issues that must be addressed early on in order to preserve the rights of the child and the parents in such circumstances.

INJURY SETTLEMENTS, CHILDREN, & GOVERNMENT BENEFITS
Further, if the child’s family is receiving any type of governmental benefit or assistance, receipt of settlement funds may disqualify the family from governmental benefits necessitating the use of certain types of trusts to protect the family. Further, such injuries, when and if they result in settlement, are subject to certain requirements for the settlement of minor claims.  These issues are very complex and complicated and generally require the assistance of an attorney experienced in in handling claims against Wisconsin government bodies, personal injury claims, minor settlements, and other areas of the law.

OUR EXPERIENCED ATTORNEYS CAN HELP
If your child and/or your family has experienced a State institutional or government assault, please contact an attorney very experienced in settling such cases by contacting Attorney David Daul at the law firm of Wanezek & Jaekels, S.C., [email protected]rsgreenbay.com or by telephone at 920-437-8191.

PROPERTY DAMAGE CLAIMS / INSURANCE

Most homeowners own a policy of insurance that covers damage to their property in the event of a catastrophic loss, such as fire.  These policies often contain provisions that cover for losses associated with damage to the home or its contents.  One area of constant dispute between homeowners and insurance companies is whether or not the claim is excluded under the language of the policy.

DOES AN “EXCLUSION” LIMIT YOUR COVERAGE?
Your insurance policy will have numerous “exclusions” which will likely exclude some or all of the loss from coverage.  Your insurance carrier will invariably seek the broadest possible application of these exclusions, often in a way that is unreasonable or unfair.  If it is the case that you are in a property damage dispute with your insurance carrier, you should consult the experienced attorneys at Wanezek & Jaekels, S.C. Located in Green Bay, Wisconsin, our law firm is local, experienced and ready to assist you with your insurance related property damage concerns.

Contact Attorney David Daul to discuss the matter in greater detail. Call 1.920.437.8191, or email him to discuss your insurance claim.

FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA) ARBITRATION

In some unfortunate situations, you may have experienced substantial financial loss through the actions of your financial adviser not due to fluctuations in the market. Such losses could arise which reflect negligence, breach of fiduciary duty, and unsuitability of investments, among others, that have nothing to do with fluctuations in the market.

COMPLAINTS AGAINST FINANCIAL ADVISERS
The agreement that you sign with your financial adviser will probably provide that your dispute must be resolved through an arbitration through a government agency known as the Financial Industry Regulatory Authority (“FINRA”). This process requires you to submit a complaint through FINRA and then submit to an arbitration by an impartial third party to resolve your claims with your investment adviser. The process is usually mandatory, does not provide you with a right to a jury, and further does not provide you with a right to an appeal. Therefore, you only have one opportunity to get your claims framed correctly and put before FINRA for resolution. Your financial adviser will have extremely skilled lawyers to defend the claim and you would be at a substantial disadvantage if you attempted to prosecute your rights without legal assistance.

CONTACT WANEZEK & JAEKELS FOR HELP
Our firm has handled many of these types of claims with very good results for our clients. If you have complaints involving loss of worth of your portfolio which you believe is not related to market fluctuations, please consult with Attorney David Daul who has substantial experience in these matters to discuss the matter in greater detail.

Initial consultations are always free. Call attorney Daul at 920.437.8191, or email him today: [email protected].

CIVIL RIGHTS VIOLATIONS

In some unfortunate situations, citizens are the victims of police brutality, neglect or abuse while confined in a State institution or suffer some other harm at the hands of a State or Federal employee.

REMEDIES FOR CIVIL RIGHTS VIOLATIONS
Fortunately, the law provides a remedy for persons who suffer such abuse.  The law in this area is extremely technical and the government often enjoys immunity from suits.  However, if the involved claims are properly drafted and supported by facts, immunity may be unavailable to the government and you may be entitled to damages for the injury suffered.  Examples of such situations may involve failure to render proper medical care while confined, allowing a child to be assaulted while in a state care facility, and police brutality, among other examples.

LOCAL ATTORNEY CAN HELP
Please consult with Green Bay attorney David Daul of Wanezek & Jaekels, S.C., if you have a case which you feel merits consultation or otherwise wish to pursue.

If you have possible civil rights claim, or another claim against a Wisconsin governmental body, call 920.437.8191, or email attorney Daul at [email protected].

MAKE SURE TO PRESERVE YOUR APPEAL RIGHTS

For practicing attorneys, it is well known that in order to preserve your right to appeal a particular issue, you must bring that issue to the attention to the circuit court. This is called the forfeiture rule. However, pro se litigants typically are not knowledgable about the procedural aspects of the legal system and probably wouldn’t be aware of that fact. However, application of the forfeiture rule is no different for pro se litigants. In Townsend v. Massey, the Wisconsin Court of Appeals found that one does not preserve legal arguments on appeal by simply raising a related issue at the trial court level, even if the person appealing is a pro se litigant. Because of this forfeiture rule, it is even more important to ensure that you have capable legal representation at the trial court and appellate court levels. Contact our firm for assistance with all of your legal needs. The experienced attorneys at Wanezek & Jaekels can help you determine your appellate rights.

SOCIAL MEDIA AND LEGAL ACTIONS

Social Media is a prominent part of many people’s lives these days.  With the advent of these technologies comes a lot of hidden risk. People tweet and post on Facebook about their personal experiences without filtering much of it. Many people don’t realize that these posts and tweets can be used against them in pending litigation.

While you may feel the compulsion to post or tweet about everything that happens to you, you should resist the urge when you get involved with something that could result in pending litigation. These tweets and posts can be viewed as party admissions and used as evidence against you.

In this age of technology, social media is increasingly becoming a source of problems for people if they aren’t careful of what they post. With the ever increasing presence of social media in our lives, persons should exercise caution in what is posted on social media sites.

At Wanezek, Jaekels, Daul & Babcock, our attorneys are experienced litigators.  We will properly advise you on the legal effects and consequences of out of court statements in the context of your case.  In the Green Bay area,Contact Us for a consultation.

Tags: Business Law Divorce Law Employment Law Litigation Personal Injury

AMERICANS WITH DISABILITIES ACT

The Americans with Disabilities Act, Title III provides that public accommodations be accessible to Americans with disabilities. Title III covers businesses and nonprofit service providers that are generally accessible to the public. Businesses cannot discriminate through exclusion, segregation and unequal treatment. They buildings must be in code with architectural standards and must remove barriers in existing buildings when it is reasonable. The act covers both physical and mental disabilities, but requires documentation of them. It is unfortunate that discrimination occurs in today’s society. Our firm has extensive experience in resolving these disputes. In some instances relief through the Department of Justice can be obtained through an administrative complaint. However in more complex matters you may wish to file a law suit in Federal Court alleging a violation of the law. Attorneys usually work on a contingency fee arrangement, allowing the claimant to pursue these actions. Attorney David D. Daul handles these claims and would be happy to provide you with a free consultation.

Obtain Legal Help You Can Rely On

To get in touch with one of our attorneys about your case, call our firm at (920) 437-8191 or fill out the form below.