Hammett, Bellin & Oswald, LLCHammett, Bellin & Oswald, LLC2026-05-25T08:32:57Zhttps://www.hbolawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1404674/2020/10/cropped-favicon-min-32x32.pngOn Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[How does parental alienation impact custody decisions in court?]]>https://www.hbolawfirm.com/?p=515192024-09-10T16:58:15Z2024-09-10T16:58:15ZParental alienation can significantly impact custody cases. When one parent intentionally manipulates a child into rejecting the other parent, it can distort the child's relationship and influence custody decisions. Courts recognize the harmful effects of this behavior and often consider it in determining custody arrangements.
What is parental alienation?
Parental alienation occurs when a parent manipulates their child into rejecting, fearing, or disrespecting the other parent. This behavior can manifest through badmouthing, withholding communication, or even making false accusations. The alienating parent seeks to undermine the child's relationship with the other parent, often creating long-term emotional harm.
Effects on custody outcomes
Family courts take parental alienation seriously. Judges prioritize the best interests of the child and consider whether a parent is fostering a healthy relationship between the child and the other parent. Evidence of parental alienation may result in reduced custody or visitation rights for the alienating parent, as courts aim to protect children from emotional abuse.
Legal remedies for parental alienation
Parents facing parental alienation can seek various legal remedies. A custody modification request is one option, allowing the court to reevaluate the current arrangement. Courts may also mandate counseling or parenting classes for the alienating parent to repair the relationship. In extreme cases, the court may adjust custody to ensure the child’s emotional well-being and place the child in the care of the alienated parent.
Importance of early intervention
Addressing parental alienation early is critical to maintaining the child’s healthy relationship with both parents. Parents who suspect alienation should document instances and seek legal guidance to protect their custody rights and the child’s emotional stability.Parental alienation can deeply affect both children and parents, often complicating custody outcomes. Seeking legal advice early on can help protect relationships and ensure the child's well-being throughout the process.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[What are the criteria for drug possession in Wisconsin]]>https://www.hbolawfirm.com/?p=515162024-08-02T20:43:55Z2024-08-02T20:43:55ZUnderstanding the criteria for drug possession in Wisconsin is crucial for anyone living in or visiting the state. It is important to know the key factors that determine whether an individual can face charges for drug possession.
What constitutes drug possession?
Drug possession means having a controlled substance on your person or within your control without a valid prescription. This includes illegal drugs like marijuana, cocaine, heroin, and methamphetamine, as well as prescription medications not prescribed to you.
Actual vs. constructive possession
Wisconsin law recognizes two types of drug possession: actual and constructive. Actual possession means having the drugs physically on your person, such as in your pocket or hand. Constructive possession involves keeping the drugs in a place you control, like your car or home, and knowing they are there.
Factors influencing possession charges
Several factors influence whether you face charges for drug possession. These include the amount of the substance, its classification under Wisconsin’s controlled substances schedule, and any prior drug-related offenses. Possession of larger quantities may lead to more severe charges, like intent to distribute. In communities such as Eau Claire and Wausau, local law enforcement diligently works with state authorities to address drug-related crimes.
Legal consequences of possession
The legal consequences of drug possession in Wisconsin depend on the type and amount of the substance. Penalties can range from fines and probation to imprisonment. Additionally, a drug possession conviction can impact your job, education, and housing opportunities.
Know your rights and responsibilities
Understanding the criteria for drug possession in Wisconsin helps you stay informed about your rights and responsibilities. Whether you live in The Valley, Madison, or any other part of the state, knowing these laws enables you to navigate potential legal issues more effectively.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Almost a third of Wisconsin crash deaths involve alcohol]]>https://www.hbolawfirm.com/?p=514972024-06-25T20:41:15Z2024-06-25T20:41:15ZThe danger of drunk driving
Drunk driving impairs a person’s ability to operate a vehicle safely. Alcohol affects reaction time, coordination and judgment. Even a small amount of alcohol can make it difficult to drive. When someone drives after drinking, they put themselves and others at great risk. The results can be devastating, leading to severe accidents and loss of life.
Efforts to reduce drunk driving
Many efforts aim to reduce drunk driving. Police often set up checkpoints to catch drunk drivers. These checkpoints can deter people from drinking and driving. Education programs also play a key role. Schools and communities teach young people about the dangers of drunk driving. Additionally, public service campaigns raise awareness about the risks and consequences. These efforts help, but the problem persists.
The role of individuals
Everyone can help reduce the prevalence of drunk driving. Friends should not let friends drive drunk. Taking away the keys can save lives. People should plan ahead if they intend to drink. Designate a sober driver or use public transportation. Making safe choices protects everyone on the road.
WBAY.com reports that drunken driving contributes to 32% of Wisconsin traffic deaths, with 3.4 drunken driving-related fatalities occurring for every 100,000 residents. By working together, communities across the state can create a safer environment for all drivers and passengers.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[What are the types of divorce, such as uncontested and contested?]]>https://www.hbolawfirm.com/?p=514942024-05-30T17:25:32Z2024-05-30T17:25:32ZUncontested divorce
An uncontested divorce occurs when both parties agree on all issues. These issues include property division, child custody, child support and alimony. Because there is agreement, uncontested divorces are generally quicker and less expensive than other types of divorce. The couple submits a marital settlement agreement to the court, which outlines the terms of their divorce. If the court finds the agreement fair and reasonable, it will approve the divorce without the need for a trial.
Contested divorce
A contested divorce happens when the parties cannot agree on one or more key issues. These disputes may involve property division, child custody, child support or alimony. In a contested divorce, each party presents their case to the court. The judge then makes decisions on the disputed issues. This process can be lengthy, stressful and costly due to multiple court appearances and potentially lengthy trials. Contested divorces often take longer to resolve versus uncontested divorces.
Default divorce
A default divorce occurs when one spouse does not respond to the divorce petition. After the petition is filed, the non-responding spouse has a certain period to reply. If they do not respond within this time frame, the court may grant a default judgment. This means the court could approve the divorce based on the terms requested by the filing spouse. Default divorces can proceed quickly but may result in terms that are highly favorable to one spouse.
Summary divorce
Summary divorce is available to couples who meet specific criteria, such as a short marriage, no children and minimal property and debts. This type of divorce is streamlined and simplified, making it faster and less expensive. Couples who qualify can complete the process with minimal court involvement.
Collaborative divorce
In a collaborative divorce, both parties work together to resolve their issues without going to court. This type of divorce emphasizes cooperation and negotiation. The couple agrees to share information and work through their disagreements constructively. If successful, collaborative divorce can save time and reduce conflict.
In Wisconsin, understanding these different types of divorce can help couples choose the best path for their situation. Each type offers unique benefits and challenges. The right choice depends on the couple's circumstances and their ability to reach agreements.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Recognizing the subtle signs of a brain injury]]>https://www.hbolawfirm.com/?p=514922024-05-20T16:28:08Z2024-05-20T16:28:08ZPhysical symptoms
Brain injuries can cause physical symptoms that you might not immediately connect to the source, such as:
Headaches or neck pain
Dizziness or loss of balance
Nausea or vomiting
Fatigue or drowsiness
Sensitivity to light or sound
The presence of any of these symptoms after an accident or injury could indicate a potential brain injury.
Cognitive and emotional changes
Your brain controls many aspects of your emotional regulation and cognitive capabilities. A brain injury can interfere with those processes in many ways, including:
Confusion or disorientation
Memory problems or difficulty concentrating
Mood swings or irritability
Depression or anxiety
These changes may initially be subtle, but they can become more apparent over time, especially if you fail to seek medical treatment.
Sleep disturbances
Sleep disturbances are another potential sign of a brain injury. These may include:
Difficulty falling asleep or staying asleep
Sleeping more than usual
Insomnia
If you experience changes in your sleep patterns following an injury, it is important to mention this to your doctor.
Brain injuries are not always blatantly obvious, and the delayed or subtle signs are easy to overlook. Recognizing these symptoms as soon as possible will help you get the care that you need.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Common head injuries that can occur in a car accident]]>https://www.hbolawfirm.com/?p=514902025-03-27T15:51:48Z2024-05-16T14:52:15ZConcussion
A concussion is a mild form of traumatic brain injury caused by a sudden jolt or blow to the head. Symptoms may include headaches, dizziness, confusion and nausea. While most concussions resolve on their own with rest, some can lead to long-term complications if not properly treated.
Skull fracture
A skull fracture occurs when a bone in the skull breaks. This type of injury can vary in severity, from a small crack to a more serious break that penetrates the skull. Symptoms may include swelling, bruising and tenderness at the site of the fracture. In severe cases, a skull fracture can cause brain damage or bleeding inside the skull.
Traumatic brain injury
A traumatic brain injury occurs when an external force causes damage to the brain. TBIs can range from mild (concussion) to severe, and symptoms may include loss of consciousness, confusion, memory loss and changes in behavior. Severe TBIs can have long-term effects on cognitive function and may require extensive medical treatment and rehabilitation.
Intracranial hemorrhage
Intracranial hemorrhage refers to bleeding inside the skull, which can occur as a result of a head injury. This can lead to increased pressure on the brain and potentially life-threatening complications. Symptoms may include a severe headache, vomiting and changes in vision or consciousness. Prompt medical attention is necessary to prevent further damage.
Knowing about the potential head injuries that can occur in a car accident is helpful for seeking the appropriate medical care and legal recourse if necessary.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Common injury hazards at the shopping mall]]>https://www.hbolawfirm.com/?p=514772024-03-21T17:55:14Z2024-03-21T17:55:14Z1. Slippery floors
One of the most prevalent hazards at the mall is slippery floors. Whether from spilled drinks, food remnants or recently mopped surfaces, slick floors can lead to slips and falls. You should be extra cautious when navigating these areas, especially if you are wearing smooth-soled shoes.
2. Uneven surfaces
Keep an eye out for uneven surfaces like cracked tiles, loose carpeting or raised thresholds. These can easily trip you up, causing you to stumble and potentially injure yourself. Mall management should regularly inspect and repair these hazards to ensure your safety.
3. Crowded walkways
On peak shopping days, malls can get very crowded. Maneuvering through throngs of people can be challenging, increasing the likelihood of collisions and accidents. Stay alert, walk at a steady pace and avoid distractions like texting or talking on the phone while navigating busy walkways.
4. Falling merchandise
With shelves stocked high and displays aplenty, there is a risk of falling merchandise at the mall. Whether it is improperly stacked items or poorly secured fixtures, falling objects can pose a danger to you. Be cautious when reaching for items on high shelves and notify store staff if you notice any unstable displays.
5. Escalator and elevator incidents
While escalators and elevators are convenient ways to move between floors, they can also be hazardous if not used properly or poorly maintained. Hold onto handrails when riding escalators and avoid wearing loose clothing that could get caught in the machinery. Additionally, be cautious when stepping on and off elevators to avoid tripping.
By staying vigilant and aware of these common injury hazards, you can help ensure a safe and enjoyable experience at the shopping mall.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Is it too late to get a postnuptial agreement?]]>https://www.hbolawfirm.com/?p=514742024-03-11T19:33:29Z2024-03-11T19:33:29ZUnderstanding postnuptial agreements
A postnuptial agreement, similar to a prenuptial agreement, is a legal document that outlines the division of assets in the event of a divorce. The key difference is that a postnuptial agreement is something you create after the marriage has already taken place. These agreements can cover various aspects of your financial and property matters.
Reasons to consider a postnuptial agreement
There are several reasons why couples may choose to pursue a postnuptial agreement. One common reason is a significant change in financial circumstances, such as one spouse receiving a large inheritance or starting a successful business. A postnuptial agreement can help protect individual assets and clarify financial responsibilities.
Addressing marital issues
In addition to financial matters, postnuptial agreements can also address other aspects of the marriage. Spousal support and custody arrangements for children are common topics covered in a postnup. By clearly outlining these issues in a legally binding document, you can minimize potential conflicts and uncertainties.
Timing your postnuptial agreement
It is never too late to get a postnup until a marriage fully dissolves. While it may seem unconventional to discuss such matters after saying "I do," you can always take steps to protect yourself and your assets. If you and your spouse are discussing the possibility of divorce, you might even consider a postnuptial agreement to help smooth over the process.
Whether you are looking to protect assets or address other marital issues, considering a postnuptial agreement can benefit both parties in a marriage. It is never too late to make decisions that can improve your future.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[What happens after a car accident?]]>https://www.hbolawfirm.com/?p=514722024-03-08T22:58:21Z2024-03-08T22:58:21ZFile a claim
You should contact your insurance company and file a claim. Your insurer will need details of the accident, including the extent of damage to your vehicle and any injuries you may have sustained. You should also submit the crash report you received from law enforcement. The insurance company will then assess the claim and determine the appropriate course of action.
If the other driver was at fault for the accident, you may be able to file a claim against their insurance company. The process is similar to filing with your company. They may require additional evidence, such as photos of the accident scene, witness statements and medical records. The insurance company will then review the evidence and decide whether to accept or deny your claim.
Receive payout from your claim
If you made the claim to your insurer and the company accepts it, you may receive payment. How much money you get or whether you get any money depends on policy coverage and limits.
The other party's insurance may offer you a settlement for a claim you make. You have the right to negotiate the deal or refuse it.
If your insurer or the other party's insurer denies your claim, you have the right to appeal.
File a lawsuit
In some cases, it may be necessary to file a lawsuit against the at-fault driver to recover compensation for damages. This may happen if the insurance company denies the claim, the insurance company's payout does not cover all your losses or the other driver does not have insurance.
You will need to file a petition with the court to begin the lawsuit. In court, you will need to present evidence to prove your claims. You can ask for damages, which is compensation for your expenses, losses and suffering due to the crash.
Understanding the legal process after a car accident can help you protect your rights and navigate the situation more effectively. By following the necessary steps, you can increase your chances of recovering compensation for damages and moving forward after a crash.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Reasons a breath alcohol test could give an incorrect reading]]>https://www.hbolawfirm.com/?p=514702024-02-29T21:12:16Z2024-03-01T21:12:09ZImproper calibration by the officer
Officers must follow strict rules in Wisconsin regarding the maintenance and calibration of breath tests because improper calibration of a device will alter the results. To prove an officer did not calibrate a breath alcohol test correctly, you can request records. These records should show when the department calibrated the device and how they did so. Any gaps in the records could indicate problems.
Additionally, you can ask for maintenance logs to see if they regularly cared for the device. If these logs are missing or incomplete, it suggests the device might not have been working accurately. Providing evidence of irregularities in the process can cast doubt on the accuracy of the results.
Electronic interference from nearby devices
Electronic interference can occur when other devices are in the area. The signals from these devices can confuse the testing device and lead to an inaccurate reading.
Such interference can come from things like cell phones, radios or even nearby power lines. If you can supply evidence that you had to take the test in a spot where a lot of electronic activity was present, you might have a basis for tossing out the results.
Medicines and medical conditions
Some medicines or medical conditions can produce substances in your body that the test might confuse with alcohol. For example, diabetes or being on a low-carb diet can produce chemicals in your breath that resemble alcohol. Similarly, using mouthwash or certain medications can also affect the test. Credible evidence of these factors can also call breath test results into question.
Granted, breath tests are relatively accurate. Still, you should be aware of reasons you can challenge their results when facing harsh DUI penalties.]]>