Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Thursday, January 26, 2017

Violating a Restraining Order in Wisconsin

Restraining Order in Wisconsin - know what to do

If a restraining order or injunction is issued against you in Wisconsin, you cannot treat that order lightly. A court issues the order with specific instructions that you need to follow. When you go against those instructions, intentionally or not, you face arrest, jail, and other consequences. Thus, you should seek legal assistance right away if you have violated a restraining order or injunction.
Kinds of Restraining Orders
In Wisconsin, restraining orders fall into three categories:
1. A 72-hour No Contact Order is issued automatically by the court after a domestic violence arrest. No one needs to file for this kind of protective order, so once you are arrested, you cannot return to the home of the victim unless that person signs a waiver for you to do so.
2. A Temporary Restraining Order can be issued by a judicial officer. This is designed to give a victim time to present evidence in court that he or she needs protection. The terms of the order define what you can and cannot do during that time period.
3. An Injunction will be issued by the court if it finds that the person seeking it has demonstrated a need for protection. It can extend for up to four years after it is issued.
Penalties for Violating Restraining Orders
If you violate a restraining order, you face a penalty of up to 9 months in jail, and a fine of up to $1,000. The penalty will depend on the circumstances, including how you violate the order. It is critical to read the terms of the order, including how far you must remain from the person who filed it, for how long, and under what circumstances.
Get Legal Assistance
If you feel a restraining order was issued in error, or the person who sought it has changed his/her mind, you need to work through the court to get it lifted. If you have been arrested for violating an existing order, though, you need someone to help protect your rights. Contact Eisenberg Law Office to learn how we can help you.
This post was originally posted at http://www.eisenberglaw.org/violating-restraining-order-wisconsin/

The Guide to Battery Charges and Penalties in Wisconsin

Battery Charges in Wisconsin explained by Criminal Defense Attorney

Any time you intentionally harm another person in Wisconsin, you are subject to battery charges. What penalties you face, though, vary depending on how much harm you intended, whom you harm, and how much harm you actually cause. If you are arrested for battery charges, you need a good criminal defense attorney to help you protect yourself.
Harm and Intent
Wisconsin classifies its battery charges under Wisconsin Statutes 940.19, as follows:
  • Class A misdemeanor for causing any harm while intending to cause bodily harm;
  • Class I felony for causing substantial bodily harm with intent to cause bodily harm;
  • Class H felony for causing great bodily harm with intent to cause bodily harm;
  • Class E felony for causing great bodily harm with intent to cause great bodily harm; and
  • Class H felony for causing bodily harm through conduct that creates a substantial risk of great bodily harm.
For all of these, the intent can be to harm either the person harmed "or another"; you don't catch a break by injuring an innocent bystander when you meant to hurt someone else. You also face the same potential charges for battery to an unborn child.
Penalties
Because the classifications are different, the penalties you may face differ as well. Depending on the level of battery for which you are convicted, you face the following penalties:
  • Class A misdemeanor: fine up to $10,000, and/or jail for up to 9 months;
  • Class I felony:fine of up to $10,000, and prison up to 3 years and 6 months;
  • Class H felony: fine up to $10,000, and prison up to 6 years;
  • Class E felony: fine up to $50,000, and prison up to 15 years.
Defenses
You can raise defenses against battery charges. You can argue that you did not intend the harm caused, or that you acted in self defense. You can also challenge evidence presented or raise other legal and factual defenses.
Battery charges bring significant consequences if you are convicted. Contact Eisenberg Law Offices to get experienced criminal defense help for your battery case.
This post was originally posted at http://www.eisenberglaw.org/guide-battery-charges-penalties-wisconsin/

When Families Face Drug Transportation Charges

How Families Find Themselves On The Hook For Drug Transportation Charges

If you've ever read a news story about a family faced with drug transportation charges, you may not be too surprised. After all, if it happened under one roof, they probably all knew about it and evidence must have shown that the family was involved, right? Not necessarily.
The truth of the matter is that being brought up on drug transportation charges doesn't require active or even primary involvement in drug crimes.

Actions That Can Lead To Drug Transportation Charges

The most innocent of actions can be enough to warrant drug charges, even when the charged person isn't the primary drug operator. In some cases, the one being charged is completely oblivious to the drug activity and simply gets caught in the crosshairs.
Any of the following can lead to drug charges:
  • Transporting Drugs. Even if you unknowingly transport drugs from one location to another, you could face drug transport charges. This happens more often than you may realize when a loved one asks a friend or family member to take a package from one place to another.
  • Hiding Information. If you deliberately lie or withhold information from the police about a family member's drug activities, you could face charges yourself.
  • Your Home Is A Base Of Operations. It's possible for homeowners to be unaware that their home is being used as a base of operations, but that's not enough to protect them from being charged with drug crimes. If someone stores drugs or drug paraphernalia on your property or uses your computer for drug-related activities, you could be charged.
The charges and penalties that family members can face in these situations are quite serious and severe. It's possible to be put in prison for years and face enormous fines; all because you associate with people who carry out drug crimes.

Contact A Criminal Defense Attorney In Madison, WI To Fight Drug Charges

If you are facing drug charges, contact Eisenberg Law Offices and speak to a criminal defense attorney in Madison, WI. We have more than 30 years of experience in criminal defense and will put all of our skills and experience to work defending you.
Contact us at 608-256-8356 or request a consultation online to see if we can help you fight drug charges.
This post was originally posted at http://www.eisenberglaw.org/families-face-drug-transportation-charges/

Liability For Bar Fight Injuries | Personal Injuries

Determining Liability For Bar Fight Injuries

Bars are generally a place to relax and unwind in the company of friends, but anytime alcohol is thrown into the mix, the potential for trouble rises. It's not uncommon for arguments to break out and escalate into physical confrontations. The resulting bar fight injuries range from bumps and bruises, to lacerations, head trauma, and even broken bones. Some of these injuries can be quite serious and require extensive medical care and rehabilitation, prompting victims to wonder if they can recover damages through a personal injury or liability lawsuit.
The good news is, yes, in many cases injured parties can sue for damages for bar fight injuries, but first you need to determine liability with help from a personal injury attorney.
Who Could Be Held Liable For The Victim's Injuries?
The obvious candidate for liability is the assailant. Assailants can be held liable for medical bills, lost wages, and pain and suffering, among other losses. A personal injury or liability lawsuit can be brought against assailants in addition to any criminal charges he/she may be facing.
The less obvious candidate for liability is the bar owner. Due to premises liability laws, bar owners have a legal duty to provide a safe environment for their patrons. Owners must do everything "reasonably possible" to ensure the safety and well being of their customers. This includes having policies and procedures in place to reduce the chances of bar fights. That might include hiring security personnel or bouncers who can have people removed from the premises if they are getting too aggressive or refusing to serve alcohol to people who are obviously already drunk.

Prove Liability For Bar Fight Injuries With Help From A Personal Injury Attorney

Just because a bar owner could be held liable for the victim's injuries does not guarantee that they will be held liable. In order to win your case, you need to prove that the bar/owner was negligent and that the negligence led to the fight and subsequent injuries.
If you have been seriously injured in a bar fight, you'll need the assistance of a personal injury attorney to prevail in your lawsuit. The attorneys at Eisenberg Law Offices in Madison, WI can handle your case from start to finish and settle your claim for a higher amount than you could likely achieve on your own.
Contact Eisenberg Law Offices at 608-256-8356 or request a consultation online to discuss your situation and see if you have a case.
This post was originally posted at http://www.eisenberglaw.org/liability-bar-fight-injuries-personal-injuries/