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Bucher Law Group, LLC

3 Ways Substance Abuse can Influence Divorce

It's never a great feeling when someone suspects their spouse has a substance abuse problem. Emotions can range from mild to extreme, and many people feel torn between the need to be there for the person they love and taking care of themselves and other family members.

Often, individuals who struggle with substance abuse will need the help of an addiction treatment program to overcome their addictive habits. However, even after treatment, divorce sometimes in unavoidable, and substance abuse can influence the outcome. Some ways substance abuse influences divorce outcomes include:

What to do if you’re involved in a motor vehicle accident

Delafield Motor Vehicle Accident Lawyer

Anytime you are involved in a motor vehicle accident, there are routine steps that might help in order to ensure you are financially and legally protected, regardless of who is at fault for the accident itself.

Remain at the Scene of the Accident

Always immediately stop your vehicle and remain at the scene of an accident after it occurs. Avoid leaving the scene for any reason other than immediate medical emergencies. Staying at the scene of an accident is required by law even if you are not at fault.

Contact Local Police

Contact your local police department to request an officer at the scene of your accident. Ensure the other individuals who are also involved in the accident stay near the scene at all times if possible. Be sure to take a photo of the license plate of any other vehicles involved in the accident if anyone decides to leave the scene before the police arrive.

2015 Wisconsin Legislative Updates – 2 Issues Important to Know

2015 Legislative Updates

The Wisconsin Legislature, during its final session of 2015, was extremely busy. It is virtually impossible to summarize all of the legislative enactments dealt with during that session. However, there were 2 issues that I believe are important to you, our client.

The first topic concerns Wisconsin Act 45, which deals with monitoring another individual by utilizing a GPS, an act that was commonly practiced by many individuals, and especially by many parties involved in contentious divorce cases, but which now constitutes a criminal act. Sec. 940.315 Wis. Stats. has been created to prohibit an individual from placing a GPS device, or a device equipped with global positioning technology, on a vehicle owned or leased by another person without that person's consent. While this is certainly an act that most parties would not consider, this act was certainly not uncommon in many cases - particularly divorce actions - where one party believed the other party was committing adultery and wanted to utilize information to prove any such action. Effective July 3, 2015, this action is now deemed a Class A Misdemeanor under Wisconsin statute. In addition, it is also a misdemeanor to obtain information regarding another person's movement or location as generated by a GPS device. There are exceptions but, for the most part, it is now a criminal act to place a GPS device on another person's vehicle without that person's knowledge or consent. Surprisingly, the Act restricts the action to a vehicle, which does exempt the use at other locations.

2011 Assembly Bill 69 - The Castle Doctrine

Is a person's home truly their castle? A great deal of ink has been spread across the media sources lately relative to the Castle Doctrine. There has been a great deal of debate as to whether this bill was necessary. Under current law, an individual is entitled to use deadly force (i.e., force that is intended or likely to cause death or great bodily harm) when they "reasonably, subjectively and objectively" believe that such force is necessary to prevent death or great bodily harm to themselves or a third party.

If an individual is entering a person's home at any time and the person in the home reasonably believes that deadly force is necessary, current law governs this situation. Under the Castle Doctrine, the bill simply creates a presumption for the Court that under certain circumstances, the force was necessary and, therefore, removes the fact-finding issue as to the subjective or objective belief of the individual, if the use of deadly force occurs under certain circumstances.

Concealed Carry Case

Individuals who have confronted intruders, either in their home or in a public area, recently made headlines regarding the use of deadly force. This is an example of the proliferation of firearms of individuals who feel threatened, as well as the legislative acknowledgement that law-abiding citizens should be able to protect themselves by carrying concealed weapons and creating the presumption that the use of deadly force was legitimate in an individual's home.

As indicated in my previous articles regarding the Castle Doctrine and the Concealed Carry legislation, individuals who attempt to carry concealed weapons must obtain a permit to do so. I have gone through a class, even though it wasn't necessary. I found it extremely helpful in explaining the aspects as to when to shoot and when not to shoot. The public must understand that this is reality and not as it appears on television — when a decision is made to display a firearm and point it in the direction of another, deadly force will likely be used and must be contemplated by the individual carrying the firearm. Once the trigger is pulled, there is no going back. Unfortunately, it is a grisly scene that is created as a result of this action.

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