Category: Domestic Violence

Domestic Violence

domestic violenceIf you are the victim of domestic violence, whether it is physical violence or abusive behavior and would like to discuss all your legal options available to you to protect you and your children, contact Probst Law Offices for help. We provide a free, confidential consultation to discuss what options are available to protect you from a violent or abusive spouse or partner.  Our experienced domestic violence attorneys can refer you to shelters, social workers, and a network of support to assist you and your children through a difficult time in your lives. Our office also works hand in hand with authorities as needed to ensure restraining orders are enforced.

Protecting You and Your Family

The attorneys of Probst Law Offices S.C. represent victims of domestic violence, working with the court to institute the following:

  • Protective order
  • Restraining order
  • Termination of child custody

Violence Against Women Act (Wisconsin VAWA Resources)

Relocation and Protection Orders

Under the terms of the VAWA, a protection order obtained in one location and state applies to all others. If you and your family have relocated from another state, your protection order remains in effect here in Wisconsin. If your abuser crosses state lines to stalk to harass you, their violation of the protection order becomes a federal crime. Remember that regardless of whether you have a restraining order or a protection order, once you move to a new state you must bring a copy of the order to your local court in order to register it. Our lawyers can help explain what is involved and help you throughout the process.

Domestic Violence Help – Contact the Probst Law Offices S.C.

Our Waukesha domestic violence lawyers are prepared to act immediately to ensure you and your children are protected. If you have questions regarding what you can do to protect yourself or enforce a restraining order or protection order already in place, contact the our experienced attorneys as soon as possible at 414-210-3135.

Enforcement of Orders

Court orders may involve the placement of children (child custody and visitation), child support or maintenance and can provide stability for a family in turmoil. A party’s failure to abide by a family court order can result in the filing of enforcement and contempt actions.

Probst Law Offices S.C. is a Waukesha area law firm that provides education, personalized service and guidance to individuals and families during times of emotional hardship. We represent clients throughout southeastern Wisconsin involving:

Failure to Pay Child Support

If your ex fails to pay child support or maintenance they may be subject to wage withholding, property liens, driver’s license revocation and other penalties. For people having difficulty complying with child support orders or other family court orders, an experienced attorney will work on a possible modification of the court to avoid such penalties.

Contact Experienced Wisconsin Domestic Violence Attorneys

If you are a victim of domestic violence and need help regarding a temporary restraining order, a protective order or termination of child custody, do not hesitate to contact our Waukesha domestic violence attorneys to schedule a free initial consultation at 414-210-3135.

Can I Make My Spouse Move Out During Divorce?

During a divorce, you may want to stay in the family home especially when are children involved. If your spouse refuses to leave, there are certain conditions under which a court can order him or her to go, particularly if the other spouse or children feel threatened. You may request a temporary order if there is evidence of domestic abuse or believe your mental or physical well-being is compromised if both spouses continue to occupy the home during divorce proceedings.

Temporary Support Orders in a Wisconsin Divorce

Many spouses who are stay at home moms or dads, or those who earn less income compared to their spouse, may worry how they will get by if their spouse is ordered to leave. In cases where you remain in your home without your spouse and they are the breadwinner of the family, you can file a special motion with the court asking the he or she continue paying the mortgage until things are sorted out. You may also request the payment of temporary child or spousal support during the divorce proceedings so that you can stay afloat while issues such as marital property division, child custody and visitation, child support and alimony are determined.

Contact Our Experienced Child and Spousal Support Lawyers for Help Today

If you are considering divorce and would like more information regarding temporary orders to occupy the family home during a divorce or to obtain temporary monetary support while your divorce is ongoing, contact the Waukesha Family Law offices of Probst Law Offices for help at 414-210-3135.

Appealing Wisconsin Family Court Commissioner Order

Appealing Wisconsin Family Court Commissioner OrderTypically, in Wisconsin, family law matters will be heard in front of a family court commissioner out of a need for efficiency and expediency. Sometimes parties believe that the commissioner “got it wrong” and wonder if there is any recourse.  The answer is yes. If you disagree with a commissioner’s decision in a contested family court commissioner hearing, you have the right to appeal a Wisconsin family court commissioner order.

Appealing Wisconsin Family Court Commissioner Order

Any party has the right to file a review of a court commissioner’s order or can request a new hearing by filing a de novo motion for review.  The difference between the two is that a motion filed simply as a review is really just requesting that a judge decide whether the commissioner properly exercised his or her discretion. On the other hand, in a de novo motion for review, you will be entitled to a new hearing, which can result in a completely different outcome depending on the court’s findings.

De Novo Motion for Review Hearings

If you go the de novo review route, recent case law holds that a ‘full’ evidentiary hearing is in the best interest of all parties to avoid appeals or reversals. Any new evidence or issues that have come up since the initial hearing may be heard providing an important opportunity to present newly discovered or overlooked information that may help your case.

Although rules vary from county to county, filing a de novo motion for review of a family court commissioner’s order is often subject to a strict timeline and may require certain documents to accompany the filing. It is important to check on the local court rules to ensure you are in compliance with the requirements.

Contact a Divorce Lawyer With Decades of Wisconsin Family Court Experience

If you have questions regarding a Wisconsin divorce or the process of appealing Wisconsin family court commissioner orders, contact the Waukesha and Milwaukee family law offices of Probst Law Offices S.C. for more information today at 414-210-3135.

Wisconsin Temporary Restraining Order

Sad LadyIf you or your children are victims of an abusive spouse and are seeking protection as you exit the relationship, you may want to apply for a domestic abuse restraining order. In matters of divorce, an experienced family law attorney can help you file and obtain a restraining order and assist you with issues related to restraining orders such as domestic abuse or child abuse, custody and placement issues, problems with a spouse’s drug and alcohol abuse, harassment and safety concerns.

A restraining order can require an abuser to stay away from you and your child. When you file, a family court commissioner will meet with you as the petitioner to determine if there is probable cause for a restraining order to be granted. If so, a temporary order may be granted until a hearing can be held to determine if an injunction is appropriate.

Do I Need an Attorney at a Restraining Order Hearing?

Approximately 2 weeks after a temporary restraining order (TRO) is issued, both parties will appear at the hearing. The process involves both parties coming before a judge to provide testimony to corroborate their side of the issue. You do not need a lawyer to file for a protection order or to appear at the hearing, but if at all possible, it is a good idea to have an attorney represent you as they can make arguments before the court on your behalf. At the conclusion of the hearing a judge will decide whether to grant an injunction or dismiss the restraining order.

What If I Have Been Served With a Temporary Restraining Order?

Read the TRO carefully and obey it. Talk to a lawyer right away regarding your legal rights. Attend the hearing as directed, preferably with legal representation. Failure to obey the order or attend the hearing can result in negative consequences. A TRO can impact child custody and visitation determinations so it is important to understand your rights.

Wisconsin Temporary Restraining Order Lawyers

If you need help regarding a temporary restraining order, a protective order or termination of child custody, do not hesitate to contact the Waukesha Wisconsin family law offices of Jane E. Probst for help at 414-210-3135.