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Petit & Dommershausen SC
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Great Outcomes Don't Just Happen!
Great Outcomes Don't Just Happen!

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Go Oshkosh Titans!!
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Selecting a Divorce Attorney
08/03/20160 Comment
Assisting you ensure you protect yourself and your family while undergoing a divorce.

CHOOSING THE RIGHT DIVORCE ATTORNEY

Many times, potential clients call to ask whether or not they need an attorney. Our standard response is that while that is your decision, divorce can have many ramifications for your financial and emotional well-being including dividing assets, bills and personal property; the awarding of maintenance (i.e. spousal support or alimony), child custody and child placement that a skilled attorney or mediator can help resolve. Although friends and relatives may have good intentions, their advice is without proper training and is likely to be inaccurate even when based upon their personal experiences. Circumstances in their cases may have been far different from those in your case or the laws may have changed since their divorce. It is like using another’s eyeglasses–they rarely fit properly.

WHICH DIVORCE LAWYER IS BEST FOR YOU?

When a person’s future is in the balance, experienced and skilled representation can make the difference between an outcome that you are satisfied with and one that can make your life more difficult for many years to come. A skilled attorney can also help eliminate some of the unknown and often overlooked consequences that can occur if someone is not represented by counsel or is represented by counsel that is not well versed in divorce and family law matters. After a divorce, a trial court can modify certain orders such as child support and physical placement; although in most circumstances you must show that a substantial change in circumstances has occurred since the current orders went into effect; however, the orders regarding property division usually cannot be changed, once the orders are approved by the court.


AN ATTORNEY FOR MEDIATION OR COLLABORATIVE DIVORCE?

In addition to the traditional litigation representation, our office also offers both collaborative divorce and divorce mediation services.

THE FAMILY LAW TEAM AT PETIT & DOMMERSHAUSEN CAN HELP

At Petit & Dommershausen, we strive to give our clients quality representation and protect their rights during the divorce process and you need someone you are comfortable with to help you through this difficult process. For additional information about our attorneys, please look at our website, pdlawoffice.com. We would be happy to discuss the potential for representation and some of the benefits of retaining legal services. Any conversations with our office will remain confidential whether you retain our services or not. Call today and speak with a Divorce Attorney.
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As March roars in like a baby lion, we are running a contest. For every new LIKE on Petit & Dmmmershausen’s Facebook in March, Petit & Dommershausen will donate $1 (up to $500) to the Oshkosh Area Humane Society!!

https://www.facebook.com/Petit-Dommershausen-SC-105762686122773/
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Petit & Dommershausen has opened a new office at 2001 Bowen Street, Oshkosh WI 54901
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A brief guide to understanding small claims cases

1. Complaint:
This document initiates a small claims action. The summons and complaint are completed by the plaintiff in a case. The plaintiff is the party bringing the claim to court. The complaint must set forth the claim for money, return of property, eviction, or personal injury damages that the plaintiff seeks to recover.

2. Answer and Counterclaim:
This document is completed by the defendant in a small claims action. It allows the defendant to complete a formal reply to claims made by the plaintiff in the complaint. Additionally, if the defendant also has a claim to file against the plaintiff, it may be included as a counterclaim in the case.

3. First Appearance/Return Date:
The first hearing in a small claims action. Depending on county rule, one or both parties must appear at this hearing. The parties may schedule the matter for mediation, additional conferences, or may schedule a contested trial date. Please consult a local attorney for the best practice in your county.

4. Trial:
A contested hearing where both parties may present witnesses, evidence, and arguments regarding the merits of their claims and defenses. Before attempting to handle a contested small claims case, please consider consulting with an attorney. Each county has a specific set of rules that must be followed and failure to comply may result in an adverse outcome or default judgment.


To speak with an attorney on any Small Claims matter, Family Law / Divorce, or Criminal Defense, call Petit & Dommershausen at 920-739-9900

Great outcomes don't "just happen".
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OWI (DUI/DWI) and your Driver's License

1) Arrest and Sample
In Northeast Wisconsin, nearly all law enforcement agencies prefer to test your blood upon arrest for OWI. In most cases, the blood sample is sent to the State Hygiene Lab.

2) Notice of Suspension
Usually, the arresting officer will receive the results of that blood test within a few weeks. If the sample indicates a prohibited alcohol concentration, the officer will forward the results on to the Department of Transportation (DOT) and the officer will provide you with a "Notice of Suspension of Operating Privilege." This document informs you that the DOT will be suspending your license within 30 days of you receiving the notice.

3) Administrative Review
At this point, a person has the ability to challenge the DOT suspension through the administrative review process. Within TEN days of receiving the Notice of Suspension of Operating Privilege, you must fill out the accompanying form to request review in one of three ways: In person, by phone, or by mail. The DOT will then allow you an opportunity to explain why your license should not be suspended (there are only 7 arguments that can be made) at this time. The DOT will then issue a decision within a week as to whether or not your license will be suspended at that time.

4) Judicial Review
If you are not satisfied with the administrative review process, you also have the opportunity to appeal the DOT decision to the Circuit Court.

5) Circuit Court
If this is a OWI-2nd or subsequent offense, you will be charged criminally and will have to appear in circuit court. Even if your license has not already been suspended through the process outlined above, if you are found guilty in court, your license will be suspended.
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Petit & Dommershausen Blog Post:

Is your 17 year old son guilty of a sex offense?

1) The dangers of social media.
Your son has dated his girlfriend Jane for 6 months. At the last high school dance he breaks up with Jane and takes up with her best friend Mary. After a very public breakup, they exchange barbs with each other using various social media. As a result of facebook postings and twitter messages the word gets around school. The police school liaison officer decides to cool down the situation by intervening. The PSL interviews Jane and your son. The next thing you know, your son is charged with second degree sexual assault under Wis. stats. sec. 948.02(1)(b). Your son now will face up to 40 years in prison and registration as a sexual offender!

2) Consent. Does it even matter? Age. Does it matter?
"But she consented to fool around!" says your son. "Plus", your son tells you, "we never had sex---and she's 16 years old!" "Yes", responds the officer, "but Jane was less than age 16 when they started fooling around". "Secondly", explains the officer, "if she is under age 16 she cannot give consent." "Consent does matter", the officer states, as he handcuffs your son. "But my son is only 17--he's not an adult", your counter. "Age 17 is the legal age when it comes to criminal offenses", the officer informs you. "Your son, for the purpose of criminal prosecution, is an adult", the officer informs you as he places your son in the backseat of the squad car.

3) But we didn't have sex! We had our clothes on at all times!
But we never took our clothes off!", say your son, who is now crying in the backseat of the squad car. "It doesn't matter son, if you touched her over or under the clothing your are still guilty", the officer explains. "Miss", the officer says, "I'd get your son an attorney.

4) Is this true?
The above scenario is true, and takes place with far greater frequency than you would like to know. Teenagers violate this law at every dance, on most dates and even in school. Talk to your kids, inform them of the laws. Be proactive. However, if the following happens warn your children about the perils of social media. Warn them that they do not have to talk to the police liaison officers. Tell them to assert their right to remain silent. Get an attorney involved. These situation can be "fixed' in many instances but an ounce of prevention is worth a ton of cure.
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Petit & Dommershausen has started a blog!
Posts will be made here and on www.pdlawoffice.com.  The posts will span a variety of legal issues that are important to many in the Appleton / Fox Cities area.  As always, contact us directly should you need legal counsel on anything related to these posts.
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