Legal Question in Civil Litigation in Wisconsin
Can an unadjudicated disorderly conduct ordinance case be used in a civil restraining order hearing in the state of wi?
1 Answer from Attorneys
Yes, unless your attorney properly protects your rights during any sort of a trial or litigation, the opposing party can usually get away with anything, even if the evidence used against you is improper (such as a disorderly conduct arrest which did not result in any ordinance or criminal conviction). Ours is an adversary legal system, where to the opposing parties can try virtually anything in order to gain an advantage over the opponent, even if improper. Government prosecutors and court commissioners are not immune to this unfortunate tendency. Without an experienced litigator at your side, you are therefore not likely to properly frame your objection or supply valid legal research supporting it, which means that your objection will likely be overruled. This would mean that the improper evidence then gets used against you. Restraining order cases are particularly cruel in terms of the consequences to the defendant, so experienced legal representation is extra important. The granting of a domestic abuse restraining order leads to a lifetime federal ban on possession of firearms and grave concerns by potential employers who might otherwise hire you, out of fear that your might be a danger in the workplace. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon, . Answers may contain attorney advertising materials..
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