Navigating the process of a high net worth divorce is complex and can be extremely challenging. If you are already navigating this process, then you may already be familiar with what is unique about high net worth divorces. It requires specialized knowledge of legal, financial, and tax issues, often involving multiple entities and investments.

Whether you’re dealing with businesses, real estate holdings, or any other type of asset division issue during a high-value divorce in Milwaukee, it’s important to enlist the help of an experienced divorce attorney in Milwaukee. A knowledgeable attorney can provide guidance throughout the process, ensure a fair outcome, and assist you in protecting your rights and interests.

In this article, we’ll dive into the considerations for dividing complex assets in high net worth divorces and how enlisting the right lawyer on your side can make all the difference.

How Can a Divorce Lawyer Help?

A reputable divorce lawyer can help with various aspects of asset division during a high net worth divorce, including:

• Negotiating the division of assets with your former spouse or their attorney.
• Helping you identify and understand all potential assets.
• Analyzing and evaluating assets to ensure a fair settlement.
• Investigating any hidden or undisclosed assets.
• Crafting an appropriate asset distribution agreement that meets your needs.
• Representing your interests in court, if necessary.
• Assisting with the sale of jointly owned property and other assets.

What Assets are Subject to Division?

In Wisconsin, which is a community property state, most assets acquired during the marriage are considered marital property and are subject to division upon divorce. This includes:

• Real estate
• Businesses
• Retirement accounts
• Investments
• Personal property such as vehicles and furnishings
• Debts incurred during the marriage

However, there are exceptions to the list above based on each circumstance. For example, gifts or inheritances received by one spouse during the marriage can remain separate property, as long as they were kept separate from marital funds.

Similarly, property that one spouse brought into the marriage might remain separate property, but any increase in its value during the marriage could be considered marital property.

It’s important to note that while the presumption in Wisconsin is an equal division of assets, courts can make adjustments based on various factors, such as the duration of the marriage and each spouse’s contributions to the marriage. All of these factors are why transparency is so important during a high net worth divorce.

And always, it’s recommended to consult with a divorce attorney to understand how these rules apply to your specific situation.

How Are Assets Divided?

In high net worth divorces, dividing complex assets such as businesses, real estate, and other substantial investments involves a meticulous process. Initially, all assets owned by either spouse must be identified and classified as either separate property (owned by one spouse before the marriage or received as a gift or inheritance during the marriage), or marital property (acquired during the marriage).

The next step is to accurately evaluate these assets, which may require the assistance of financial experts or appraisers. Once the value is determined, the assets are divided equitably between the spouses.

What Happens to Business Entities?

In Wisconsin, business entities can become a complex part of property division in a divorce. If the business was established or grew in value during the marriage, it is typically considered marital property and subject to division.

Determining the value of a business for this purpose can be challenging and often requires the help of a forensic accountant or business valuation expert. Even if one spouse had no active role in the business, they may still be entitled to a share of its value.

However, dividing a business does not necessarily mean selling it. It’s possible that the spouse who is actively involved in the business could retain it, compensating the other spouse with other assets or through a payment plan.

Alternatively, the spouses could continue to co-own the business post-divorce, though this requires a high degree of cooperation.

Understanding Financial Disclosures

During a high net worth divorce, understanding financial disclosures is paramount. These disclosures provide a comprehensive overview of each spouse’s financial situation, including income, expenses, assets, and liabilities.

In high net worth divorces, these disclosures can be complex due to the variety and complexity of assets involved, such as businesses, real estate, investments, and offshore accounts. It’s not uncommon for one spouse to try to hide assets to avoid sharing them. Therefore, it may be necessary to employ forensic accountants or financial investigators to ensure full disclosure and proper valuation of assets.

Child Support and Alimony

Child support is generally determined by a statutory formula that takes into account the income of both parents, the number of children, and the custody arrangement. However, in high net worth situations, courts may deviate from the standard calculation to accommodate the child’s accustomed standard of living.

Alimony, also known as spousal support or maintenance, is not as formulaic. It is determined by things like the duration of the marriage, the earning capacity of each spouse, and yes the standard of living. In high net worth divorces, however, alimony payments can be substantial and last for many years.

What are Pre- and Post-Divorce Asset Planning Strategies?

Pre- and post-divorce asset planning strategies are crucial components of navigating high net worth divorces. Prior to a divorce, pre-divorce asset protection planning involves the use of legal tools and strategies to secure wealth and prepare for potential financial implications. This could involve understanding how assets will be divided, managing debt, and considering factors such as spousal and child support, tax implications, and retirement planning.

Post-divorce, it’s essential to follow up on any financial “loose ends” and re-evaluate your financial plan to adjust for changes in income, expenses, and assets. Organizing finances and reviewing where assets are held can also be a crucial part of this process.

Additionally, asset protection strategies might include the use of prenuptial or postnuptial agreements.

Preparing for Your High Net Worth Divorce

Navigating a high net worth divorce can be a complex endeavor, especially when it involves dividing intricate assets like businesses and real estate. It’s crucial to understand the legal and financial implications of these divisions to ensure an equitable outcome.

While this process can be overwhelming, remember that you don’t have to face it alone. Collaborating with a divorce lawyer can significantly streamline the process.

The Ohiku Law Office specializes in divorce law, child custody and placement, dispute resolution, and more for clients in the Milwaukee area. To find out if Ohiku Law can help with your high net worth divorce, contact us today.

By Attorney Odalo Ohiku, Owner of Ohiku Law Office

Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.

When a marriage starts to break down, couples may face the difficult decision of ending their relationship legally. In Wisconsin, there are two primary options for couples when considering a legal separation or divorce. This blog post will provide an in-depth understanding of the differences between divorce and legal separation in the state of Wisconsin.

At The Ohiku Law Office Milwaukee, we help people navigate the complexities of divorce, family law, mediation, and more. If you’re considering divorce or legal separation, hopefully, this blog will help you make an informed decision based on your unique circumstances. Please don’t hesitate to reach out to us with questions.

Legal Requirements for Divorce and Legal Separation

In Wisconsin, both divorce and legal separation require the couple to meet specific legal requirements. The steps involved in each process and the legal implications of choosing one option over the other are as follows:

• Residency Requirement: To file for a divorce or legal separation in Wisconsin, at least one spouse must be a state resident for at least six months and a resident of the county where the action is filed for at least 30 days.
• Grounds: Wisconsin is a no-fault divorce state, meaning that neither spouse needs to prove misconduct by the other spouse. The only ground for divorce or legal separation is the “irretrievable breakdown” of the marriage.
• Filing Process: Both divorce and legal separation begin by filing a petition with the appropriate county court. After filing, there is a mandatory 120-day waiting period before the court can finalize the divorce or legal separation.
• Division of Assets and Debts: In both divorce and legal separation, Wisconsin follows the principle of marital property, wherein all assets and debts acquired during the marriage are divided equally between the spouses unless there is a prenuptial or postnuptial agreement stating otherwise.
• Child Custody and Support: In both cases, the court will determine child custody, placement, and support based on the best interests of the child.
• Spousal Support: The court may award spousal support (also known as alimony) in both divorce and legal separation cases.

When to Choose Divorce Over Legal Separation and Vice Versa

Divorce and legal separation are similar in many ways, but there are some key differences that may make one option more suitable than the other for certain couples.

• Divorce: A divorce legally terminates the marriage, allowing both spouses to remarry. Couples may choose a divorce if they want a clean break and have no intention of reconciling. Divorce provides certainty and closure, which may be beneficial for emotional healing.
• Legal Separation: A legal separation does not dissolve the marriage, meaning that neither spouse can remarry unless they later decide to convert the separation into a divorce. Couples may choose legal separation for various reasons, such as religious beliefs, maintaining health insurance coverage, or preserving certain military benefits.

Financial Considerations

Divorce and legal separation can have different financial implications, such as:

• Tax Consequences: Legally separated couples can still file joint tax returns, which may result in tax savings. Divorced couples must file separate tax returns.
• Social Security Benefits: In some cases, legally separated spouses may still be eligible for Social Security benefits based on their spouse’s work record.
• Debt Liability: In a legal separation, both spouses may still be liable for any debts incurred by the other spouse, even if the court has divided the debts between them.

Basic Pointers for Contemplating Either Option

If you are considering divorce or legal separation, ask yourself the following questions:

• Are you confident that your marriage cannot be salvaged?
• Can you live with the financial implications of your chosen option?
• How will your decision impact your children, if you have any?
• Are there any religious or personal beliefs that may influence your choice?

Understanding the differences between divorce and legal separation in Wisconsin is crucial for couples facing the difficult decision of ending their marriage. By considering the legal requirements, financial implications, and personal circumstances, couples can make an informed decision that best suits their needs. Consulting with an experienced family law attorney, like our team at Ohiku Law Office in Milwaukee, WI, can provide valuable guidance and support during this challenging time. Click here to learn more about Ohiku Law and how we can help you. 

By Attorney Odalo Ohiku, Owner of Ohiku Law Office

Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.

Divorce is an emotionally challenging and complicated process, particularly when it comes to dividing marital assets. Among the assets that most couples worry about during a divorce, is their retirement savings, including 401k accounts.

At Ohiku Law, we understand that divorce can be a complicated and emotionally challenging process. Our experienced divorce attorneys specialize in helping clients navigate the complexities of property division, including the division of 401k accounts. We provide personalized guidance and support to ensure that our client’s rights are protected and their financial futures are secure. Click here to learn more and talk to a divorce attorney in Milwaukee.

If you are divorcing in Wisconsin and have questions about what happens to your 401k in divorce, you are not alone. In this blog post, we will explore the factors that may impact the division of a 401k in a Wisconsin divorce.

Community Property and Exceptions in Wisconsin

Wisconsin is one of few community property states in the United States. Community property means that assets amassed during the course of a marriage are owned equally by both spouses. This rule applies to not only assets but also debt, including mortgages, credit card debt, and loans. In a divorce, all community property is subject to division between both parties.

However, there are exceptions to the rule of community property in Wisconsin. These exceptions to the rule of community property, or the division of marital assets, are known as separate property. Separate property in a divorce is the property that belongs to one spouse or the other and is not eligible for division. Under Wisconsin law, separate property can include:

• Assets or property owned prior to the marriage
• Gifts to one spouse during the marriage
• Inheritances received by one spouse during the marriage
• Property specifically designated in a prenuptial or postnuptial agreement as separate

Dividing property in a divorce can be a complex process. It is essential to identify all assets and debts of the community estate to ensure an equitable division of assets. This process can involve an extensive discovery process that can involve subpoenas for records, appraisals, and depositions to ensure that all assets and liabilities are fully identified.

It is highly recommended that individuals going through a divorce in Wisconsin seek out experienced legal counsel given the complexity of the laws surrounding property division. At Ohiku Law, our experienced attorneys can provide guidance and support throughout the property division process, whether in mediation, arbitration, or traditional litigation. Our goal is to help clients achieve a fair and equitable division of marital assets. We work closely with our clients to prepare for negotiations and consider any factors that may impact the division of property, including tax consequences and the future financial outlook for both parties.

401k and Divorce in Wisconsin

401k plans are considered marital property in Wisconsin, even if one spouse contributed more than the other during the marriage. According to Wisconsin law, 401ks acquired during the marriage must be divided equally between the spouses. This means that each spouse is entitled to 50% of the value of the 401k, regardless of who contributed more to the account during the marriage.

QDRO and 401k Divisions

When divorcing spouses need to divide a 401k, a Qualified Domestic Relations Order (QDRO) is required. This is a legal document that separates one owner’s property interest in a retirement account to give the interest to an alternate payee. In the case of divorce, the alternate payee is typically the non-contributing spouse. A QDRO directs the plan administrator to make payments to the alternate payee from the account. It is essential to work with an attorney experienced in drafting QDROs to ensure that the document accurately reflects each spouse’s share.

Tax Implications of Dividing a 401k

It is important to note that the division of a 401k during a divorce can have tax implications. Funds withdrawn from a 401k are typically subject to taxes and early withdrawal penalties. A QDRO can help avoid these penalties. Transfers pursuant to a QDRO are typically neither taxable nor subject to penalties as long as they are made in accordance with the requirements of the order and the Internal Revenue Code.

Alternative Dispute Resolution Options

Litigation is not the only way to resolve property division issues in a divorce. Couples seeking an alternative to the traditional litigated divorce process can consider divorce mediation or arbitration. In divorce mediation, a neutral mediator assists the spouses in reaching an agreement themselves, outside of court. In arbitration, a neutral arbitrator makes decisions on behalf of the parties. Both mediation and arbitration can be faster, less expensive, and more flexible than traditional litigation.

Dividing a 401k during a divorce in Wisconsin can be a complex process. Having an experienced Milwaukee divorce attorney is essential to navigating this process and ensuring that your rights are protected. The Ohiku Law Office specializes in divorce and family law, including alternative dispute resolution options. Contact us today to schedule a consultation and learn more about how we can help you navigate your divorce and protect your financial future.

By Attorney Odalo Ohiku, Owner of Ohiku Law Office

Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.

When considering divorce, many couples are presented with an unfamiliar list of options that can seem overwhelming. One of those is the idea of divorce mediation, but what exactly does this term mean? Is it right for your situation?

At Ohiku Law Milwaukee, we help people just like you understand their options for divorce — including divorce mediation. In this blog post, we’ll take a closer look at how divorce mediation can be beneficial to divorcing couples looking for a more amicable split. Let’s explore what it involves and why exploring it may be ideal depending on your circumstances like finances, children involved in the marriage, and more. It’s time to put some practical insight into this difficult subject so you can make wise decisions about navigating through your breakup.

What is Divorce Mediation and How Does it Work

Divorce mediation is a process by which divorcing couples work together to negotiate a settlement agreement. This process involves a mediator, who is a neutral third party that assists the couple in reaching an agreement that satisfies both parties. Mediation can be an effective alternative to traditional divorce litigation, as it can be less expensive, less adversarial, and can result in a more amicable resolution.

During the mediation process, the mediator facilitates conversations between the divorcing couple, helping them to identify areas of agreement and disagreement. The mediator remains neutral throughout the process and does not make any decisions for the couple. Instead, the mediator helps the couple to explore potential solutions and negotiate a settlement that works for both parties.

Once an agreement is reached, the mediator drafts a settlement agreement that is signed by both parties. This agreement is then submitted to the court as part of the divorce process. While mediation is not always appropriate for all couples or all circumstances, it can be a highly effective way to resolve disputes and achieve a mutually acceptable outcome for both parties.

Benefits of Divorce Mediation

Divorce mediation can offer many benefits over traditional divorce litigation. Here are some of the advantages of using mediation to settle a divorce:

• Greater Control: In mediation, the couple has more control over the outcome of their divorce settlement. They are free to negotiate and create their own agreement outside of the constraints of court procedures and law.
• More Amicable: Mediation promotes a more positive and respectful atmosphere, creating an opportunity for couples to have productive conversations about their issues. In contrast, litigation often invites hostility and animosity between the couple, creating a more difficult environment.
• Confidentiality: Divorce mediation is a private process, unlike court proceedings that are open to the public. This ensures that the details of the couple’s personal life remain confidential and out of the public record.
• Faster Resolution: The mediation process can be less time-consuming than traditional litigation. Most divorce cases that go to court can last anywhere from six months to two years, whereas mediation cases typically last only a few months.

Overall, divorce mediation can be a beneficial and effective method for couples hoping to separate with minimal conflict and financial strain. Mediation can help couples positively communicate and negotiate a settlement agreement that ultimately reflects each party’s interests and needs.

How to Decide if Divorce Mediation is Right for You

Choosing how to settle a divorce can be a difficult decision for couples. Divorce mediation may not be the best option for everyone, depending on their individual circumstances. Here are some tips on how to decide if divorce mediation is the right choice for you:

• Consider the Relationship: Divorce mediation works best when both parties agree to work together to negotiate a settlement. Couples who are willing to communicate and cooperate with each other are more likely to benefit from divorce mediation.
• Evaluate the Complexity of Your Case: Mediation is best suited for couples that have relatively simple divorce cases. Couples with a large number of assets or complex financial situations may require more specialized legal assistance.
• Assess the Desire for Control: If both parties in a divorce want greater control over the outcome of the settlement agreement, then mediation may be the right choice. Mediation allows for a more flexible, informal approach to resolving issues, and allows the couple to determine their settlement.
• Consult an Attorney: Before deciding on mediation, it is critical to consult an experienced divorce attorney like our team at Ohiku Law Milwaukee. An attorney can help determine if mediation is a viable option or if other methods of dispute resolution might be better suited to the situation.

Overall, couples who are seeking a more amicable and collaborative approach to divorce may benefit from mediation. This process can provide a more positive, mutually agreeable resolution to disputes, reduce the cost and time of the legal process, and create a better outcome for both parties.

Tips for a Successful Divorce Mediation

Divorce mediation is a process of resolving disputes, and it works best when both parties are working cooperatively and honestly to reach an agreement. Here are some tips that can help ensure a successful divorce mediation:

1. Focus on Common Goals: It is important to keep the focus on common goals and work towards a mutually viable agreement. The main point of mediation is to ensure that both parties are satisfied with the outcome. Find common ground and areas where both parties can compromise.
2. Be Prepared: Knowing what you want and what you can reasonably negotiate on is essential for a successful mediation. Being well-informed and prepared can help to keep the process moving forward, and increase your chances of reaching a satisfying agreement.
3. Keep Communication Positive: Communication is key in any successful mediation process. Keep discussions respectful and positive, and avoid confrontational or aggressive behaviors.
4. Consider the Interests of the Children: Divorce can have a long-lasting impact on children, so it is important to consider their interests and well-being during mediation. Remember that children are not property, but rather human beings with their own unique needs, and who deserve a happy future and a stable home life.
5. Embrace Flexibility: Successful mediation requires a flexible attitude, a readiness to be creative, and responsiveness to new ideas. Be willing to adapt to changes and to think outside of the box, to find new and creative solutions that fit both parties’ needs.
6. Seek Legal Advice: Ensure you have legal counsel to guide you during the mediation process. A qualified divorce attorney can advise you on legal options, protect your rights, and guide you in choosing an outcome that works for your unique situation.

Why Choose Ohiku Law for Divorce Mediation in Milwaukee?

At The Ohiku Law Office in Milwaukee, we have a team of compassionate and knowledgeable attorneys who specialize in divorce mediation. Our team recognizes that divorce is a challenging and often stressful process and shows compassion and empathy for each client’s unique situation, offering personalized attention in every case. If you’re looking to explore your options for divorce mediation, click here to contact the Milwaukee divorce lawyers at Ohiku Law Office today.

By Attorney Odalo Ohiku, Owner of Ohiku Law Office

Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.

If you are faced with domestic abuse, seeking a restraining order is an important step in navigating your legal rights. A restraining order is a powerful tool that can safeguard victims of domestic violence and provide much-needed peace of mind. To ensure the process of filing for a protective order runs smoothly, it’s critical to understand not only what this type of legal action entails, but also what type of qualifying criteria must be met. In this blog post, we’ll review all the key elements involved in obtaining a domestic abuse restraining order—so if you’re considering taking such precautionary measures to keep yourself safe from an abusive partner or family member, read on for everything you need to know.

If you have questions about this or any other topic related to restraining orders, click here to contact Ohiku Law Office today. 

Types of Wisconsin Restraining Orders

When it comes to restraining orders in the state of Wisconsin, there are four main types that individuals can file for. A Domestic Abuse Restraining Order (DARO) is specifically designed to protect adults from a current or former partner who has been engaging in domestic abuse or violence. A Child Abuse Restraining Order (CARO) protects minors under the age of 18 from physical and emotional abuse by a parent or guardian.

For those at risk of harm without an abuser present, a Restraining Order for Individuals at Risk can be obtained. This type of order is issued when an individual’s safety is threatened due to mental health issues, drug or alcohol use, or disability. Finally, Harassment Restraining Orders (HROs) are used to protect victims of stalking, harassment, or unwanted contact with another person. Regardless of which type is being requested, all restraining orders must comply with Wisconsin law before being granted.

What is a Domestic Abuse Restraining Order?

A Domestic Abuse Restraining Order (DARO) is a court order issued to protect individuals from abuse and domestic violence committed by someone who is currently or was formerly in an intimate relationship with the victim. This type of restraining order may include provisions such as prohibiting contact, preventing the abuser from entering the victim’s home or workplace and requiring that the abuser additional stay away from any children shared between them. DAROs also provide for temporary legal and physical custody of children if needed. In some cases, a judge may also order therapy or other services for either party involved.

A DARO can only be filed against certain individuals, such as family members, household members, spouses or former spouses, people with whom the victim has had a child in common, or caregivers and guardians.

How to File for a DARO

Filing for a Domestic Abuse Restraining Order (DARO) is usually the first step a victim of domestic violence and abuse takes to protect themselves from their abuser. The process typically involves filling out paperwork at local courthouses and submitting it to the court. This paperwork will inform the court of the specifics of the situation, such as when and how often abuse has occurred and which individuals are involved.

In addition, victims may need to provide evidence such as testimony from witnesses or medical records that support their claim. Depending on the circumstances, victims may also be asked to provide identification or proof of residence in order to proceed with the filing. Once the forms have been submitted, they will be sent to a judge who will make a decision on whether or not to issue the restraining order based on all available evidence.

Filing for a DARO can be an intimidating process if done alone; an experienced attorney like our team at Ohiku Law Office can help you. Additionally, advocacy groups such as domestic violence shelters can also provide resources and facilitate access to legal aid when needed.

The Importance of Saving Evidence

Oftentimes, victims of domestic violence and abuse know that reporting their abuser will have consequences. In these situations, it is important to keep evidence of the abuse, even if it means going against the wishes of the abuser. This can include taking pictures of any bruises or injuries they may have sustained, as well as keeping any emails or messages that are sent by the abuser. Additionally, victims should try to share this information with someone outside of their household who they trust and can help protect them in case the abuser attempts to destroy evidence.

In addition to collecting evidence, it is helpful for victims who are in a situation where consequences for reporting exist to confide in coworkers or other people outside their home environment who may be able to provide support. Doing so can create a sense of safety and security if push comes to shove and an application for a restraining order needs to be filed at a later date. All forms of evidence will be important during any evidentiary hearings for restraining orders.

Need Support? Ohiku Law Can Help

Our attorneys at Ohiku Law Office in Milwaukee have extensive experience and compassion for victims of domestic abuse who are looking to obtain a restraining order. We understand the complexity of these situations and have the knowledge and resources necessary to ensure that all legal requirements are met.

Our firm is well-versed in all aspects of obtaining a Domestic Abuse Restraining Order (DARO) in Wisconsin, from filing paperwork to appearing in court on behalf of the victim. We work directly with the petitioner or their representative to ensure that they understand the process and prepare them adequately for their case. Ohiku will assist with any paperwork needed by providing detailed documentation, forms, and affidavits, and advise on any legal procedures that may need to be taken.

At Ohiku Law Office, clients dealing with domestic abuse can find comfort in knowing that they are being represented by experienced professionals who truly care about their situation. From helping them secure a restraining order to offering emotional support throughout the process, Ohiku Law Office provides compassionate and comprehensive legal services to all its clients.

If you would like to speak with an attorney about domestic abuse restraining orders call Ohiku Law Office at 414-287-0088.

Video Transcript:

Hi, I’m Felicia Owen, and I’m an attorney at Ohiku Law Office. These next couple of minutes will be about domestic abuse restraining orders.

There are four types of restraining orders that you can get in the state of Wisconsin: a domestic abuse restraining order for adults, a child abuse restraining order, a restraining order for individuals at risk, or a harassment restraining order.

For the purposes of this video, I will be focusing on the domestic abuse restraining order for adult victims.

A domestic abuse restraining order is unique in the sense that it can only be filed against certain individuals. Those individuals include a family member, a household member, a spouse or former spouse, someone with whom you have a child in common, or a caregiver or a guardian.

In order to get a domestic abuse restraining order, the court must find that there are reasonable grounds to believe that any of the following have occurred: an intentional infliction of physical injury, sexual assault, stalking, damage to property, or a threat to engage in any of those activities.

It is not uncommon for victims to withhold on reporting because they are stuck in a situation where there are consequences if they do report. I do always suggest for victims in these situations to try to maintain evidence, document everything, and outsource that information outside of their household. Examples of this can be taking pictures of injuries, even if the abuser claims it was an accident. If there was a bruise left, take a picture and share it with someone outside the household.

You want to make sure someone outside of the household has this information or you can trust with this information if possible because oftentimes abusers will break phones or computers if they believe there is evidence in there that they believe can get them in trouble at a later time. If you can’t do that, at least try to send yourself emails or confide in a coworker at work. Anything you can do to keep some kind of evidence will be helpful when you have your evidentiary hearing for a restraining order.

If you would like to talk with an attorney about getting a domestic abuse restraining order, please feel free to call our office at 414-287-0088.