Wanezek, Jaekels, Daul & Babcock, S.C. Attorneys at Law — Founded 1908

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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

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

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.