Legal Question in Criminal Law in Wisconsin

My husband and I have been married for 8 yrs. We have lived in WI for one year; however, since Jan 2015, he has NOT lived in our home. He has lived on his own. We are NOT legally separated or divorced. On April 17, he installed a handmade tracking device, that he created with a cell phone, on my car and stalked me. He had access to my home due to our sharing our kids and his coming over to get them, so it was during one of these visits, that he stole MY credit card and accessed my vehicle. He stole my credit card and ILLEGALLY and withOUT authorization from me, used it to charge service to the cell phone that he used to stalk me. I found out about the charge when my credit card company notified me with a billing statement. He has been arrested and formally charged with FELONY STALKING, class I and Probation Violation and is currently incarcerated with a probation hold and a high dollar bond. My felony stalking case is in one county, and I live in another county, which is where my stolen credit card case is filed. I made a report for stolen and illegally used credit card with the police dept in my city. The investigator was able to retrieve my STOLEN credit card from my husband's property at the jail. The investigator and the Asst DA for my county say that they are not sure if they can prosecute him for the stolen credit card and illegal use of my credit card during the commission of a felony. I think they are wrong. My card was only in MY name. It was paid off and not being used. He STOLE it. He charged it against my knowledge, plus he used it to stalk me, which was charged as a felony. What are my legal rights in regards to this? I did notify my credit card company, and I'm not being held liable for the charges. Can he be charged with this crime in regards to my credit card? Again, he was NOT living in the home, nor was he an authorized account holder or user of my card.


Asked on 5/21/15, 2:36 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

While your husband may technically be guilty of some sort of credit card fraud, the fact is that you are still legally married and that mere separation of residences has no legal significance until a divorce order becomes final. Marriage in WI is a financial partnership and if you are uncomfortable with that, the only way out is to divorce. Talk to an experienced divorce lawyer as soon as possible if you have not already done this, since prosecutors on not likely to offer much assistance to you in this scenario until that happens.

Do not assume that I am your attorney because of my response here, since I would not normally be taking any further action on your case. You can request further clarifications on AVVO or see my past answers here which might help you at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or at http://www.lawguru.com/answers/search/attorney/jknixon..

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Answered on 5/22/15, 4:10 am


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