Frequently Asked Questions

NOTE: The information provided here is merely intended to give you a general idea of the procedures and meanings of court actions, and is not meant to be legal advice or legally binding.

General

No. The court system's official language is English. Court interpreters are available upon request and services are available twice per month to help people fill out forms.

Other Family Court

A person requesting the trial de novo should send a request to the Judge with a copy to your spouse and/or spouse's attorney. You may only request a trial de novo if you appeared at the first hearing and the issues were contested.

Other

The Court has not produced any mandatory forms for filing a lien. Visit the WI State Law Library's Legal Topics page on "Liens" for more resources online: http://wilawlibrary.gov/topics/comlaw/liens.php.

There are bankruptcy forms on the Western District of WI Bankruptcy Court and US Bankruptcy Court websites.

Divorce

Contact the Clerk of Courts at the Green County Justice Center, 2841 6th Street, Monroe, WI 53566 or call (608) 328-9433 for information. Requests must be made in person, or by fax at (608) 328-9405. Telephone requests are not accepted. There is a charge of $1.25 per page for the copies.

The waiting period can only be waived under rare circumstances defined in the law. You may send a letter to the judge, asking for the waiting period to be waived and listing the grounds under which it should be waived.

Yes, only one party needs to sign the last page in front of a notary. On the joint petition, both parties need to sign the next to last page of the form.

General

You should search for an appropriate form on the Wisconsin Court System website, contact the appropriate court office or law library for a form, or search the sample from books contained in the collections of law libraries. There may still be a situation where there is no form for your situation. In most cases, the Judge or appropriate court office will allow you to draft a form or letter indicating the facts about the situation, including whether you are trying to do something based on a previous case you've been involved in, what you would like the court to do, and your reasons for asking. Sometimes, you may need to consult with an attorney or legal assistance center to make sure your drafted form or letter is complete and formatted correctly. Please note that the pages of any submitted forms must be no larger or smaller than 8.5" x 11".

Other

When a judgment is ordered, for example, a money judgment in Small Claims Court, and the money is paid directly to the creditor, the Court needs to know so that the debtor's record is cleared. Form GF-129 (mandatory form) is completed by the creditor and provided to the defendant. The satisfaction is then filed with the Clerk of Courts with a $5 fee.

Divorce

The "Divorce/annulment worksheet" is also known as the Vital Statistics form. Upon completion of the divorce or annulment case, this form is filed with the State of Wisconsin Vital Records Office located at 1 W. Wilson St. Room 158, Madison, WI 53703.

Other Family Court

Generally, the contempt form should be used to enforce an order. The other motion forms are used to change an order.

The motion to enforce placement can be used by a parent to obtain financial compensation for expenses incurred because the other parent didn't follow the placement order. An injunction may be entered. If you violate the injunction, criminal penalties may apply.

Divorce

On the WisBar website under Legal Forms-Real Estate.

Other

Only the District Attorney, guardian ad litem, social worker or an attorney can file a CHIPS petition in Green County. The District Attorney's Office approves all CHIPS petitions prior to filing with Juvenile Court.  

Divorce

If the form is needed to divide Wisconsin Retirement System benefits, the form is online at the State Employee Trust Funds website. Otherwise, the person's employer may have a specific form. If not, it would be best to consult with an attorney.

Unless your friend or relative is a licensed attorney for Wisconsin, representation by a friend or relative may constitute Unauthorized Practice of Law, an offense punishable by as much as $500 or a year in jail (according to WI Statute § 757.30(1)) or both.

No. Bring criminal complaints to the police department or District Attorney's office. They will, in turn, choose to proceed or investigate your complaints.

An appeal of a final circuit court judgment or order can be initiated by the Wisconsin Court of Appeals by filing a notice of appeal with the clerk of the circuit court for the county in which the judgment or order being appealed was entered. There is a filing fee of $195.00 payable to the Court of Appeals and a $15.00 transfer fee, made payable to the county transferring the record. You will need to familiarize yourself with the Rules of Appellate Procedure (WI Statutes Ch. 809). Appeals can be complicated, so may want to consult an attorney for legal advice.

Contact the department of the officer and ask to speak to someone about complaints. The department may have a specific official or office or form for such actions.

The Office of Lawyer Regulation (OLR) investigates grievances about attorney misconduct. OLR provides instructions on how to file a grievance, outlines the grievance process, and explains under what circumstances you may learn whether other grievances have been filed or whether the attorney has been previously disciplined. Information about the OLR is on their website. To complain about a court commissioner, read Supreme Court Rule (SCR) 75.06. Contact information for the chief judge may be found in the Circuit Court Administrative Districts directory. The Wisconsin Judicial Commission provides an online complaint form at this site. To complain about a judge, contact the WI Judicial Commission. The Wisconsin Judicial Commission investigates allegations of judicial misconduct. They provide an online complaint form.

You may not be able to expunge your record. Wisconsin law allows a judge to "expunge" a case in only two situations, both involving youthful offenders: Misdemeanors committed by a person under 25. If the judge ordered expunction upon successful completion of the sentence, the record can be expunged. See §973.015, Wis. Stats. Adjudication of a juvenile delinquent. A juvenile who has been adjudged delinquent can, upon reaching age 17, petition the judge for expunction of the juvenile adjudication. See §938.355, Wis. Stats. However, WI Circuit Courts Access (WCCA) database does not display juvenile adjudications because they are not public records. An expunged case is sealed by the clerk of court and is available to be viewed only with a court order. If the judge properly orders a case expunged, any reference to it will be removed from WCCA. A judge has no other authority or power to expunge cases, and there are no similar provisions for other types of cases.

There are several ways for you to locate an attorney to assist you. One way is to call the WI State Bar Lawyer Referral and Information Service at (800) 362-9082 or (608) 257-4666. You could also search lawyer directories or the yellow pages. For more information, visit this topic on the WI State Law Library's Legal Topics page. If you are being charged with a crime, you may also contact the Office of the State Public Defender for representation at (608) 325-5065.

Contact the Clerk of Courts office for copies of cases and files. Contact the Clerk of Courts at 2841 6th st Monroe WI or call (608)328-9433 for information. Requests must be made in person, by mail or by FAX. Telephone requests will not be processed. There is a statutory charge of $1.25 per page for the copies. A brief description of cases and index of records is contained in the WI Circuit Court Access database.

Contact the WI Department of Motor Vehicles for application procedures. If you have been revoked as a habitual traffic offender (HTO), the circuit court in your county of residence must approve the issuance of your occupational license. There is a filing fee of $40.00 for this process.

See WI Statute § 972.10 for the order of a jury trial, as well as more information about criminal trials. There is also an outline of a jury trial in the information for jurors on the WI Court System's website. Specifically, you may want to examine "Step 3: The Trial" for helpful information.

If you're charged with an ordinance or traffic offense that is not considered a criminal violation, you'll be given a citation. In most cases you won't be taken into custody. The citation will usually give you a choice of paying a fine or going to court. It will state a date for you to appear in court if you choose not to pay the fine.

Demerit points are assessed to drivers when convicted of a moving violation, beginning on the date of the violation. The courts send the Wisconsin Department of Transportation (WisDOT) Division of Motor Vehicles records of all convictions for moving traffic violations. Persons who hold a probationary license are assessed double points for the second and all subsequent points. When 12 or more demerit points are accumulated in one year, a suspension of the driver privilege is required, for a minimum of two months. Convictions remain on the driver records for five years from the date of conviction. However, alcohol-related and some commercial violations remain on the record for 10 years to life. This information and much more can be found on the WisDOT web page about the traffic points system in Wisconsin.

Civil actions are noncriminal cases in which one private individual or business sues another to protect, enforce, or redress private or civil rights. A criminal case is an action or suit by a government to penalize a violation of the criminal laws. Both types of cases can be brought to the Green County Circuit Courts for a decision and judgment.

In a nutshell, in either a misdemeanor or a felony case, you'll have an initial appearance. At this appearance, you'll be served with a criminal complaint that outlines the charge, the probable cause supporting the charge, and the penalty. In a misdemeanor case, you'll also enter a plea at the initial appearance. If you plead "not guilty" to a misdemeanor, you'll be given a court date. For a felony, the next step is the preliminary hearing. At this hearing the prosecution must present enough evidence to convince the judge that you should stand trial for a felony offense. If it's decided that your case will go to trial, you then attend an arraignment. At the arraignment, the district attorney will serve you with formal charges for a particular felony. At this time, you must enter a plea. This information is from the Wisconsin State Bar's Legal Q & A.

On a typical speeding ticket, the minimum ticket amount is broken down as follows: Forfeiture: $30-Goes to the county; if it's a state charge, it's split 50-50 with the state, 23% Penalty Assessment:$7.80-Goes to the state for a law enforcement training fund, Court Costs: $25-The state gets $15, the county gets $10, Justice Information Fee: $21.50-Goes to the state for computer systems development (includes non-court systems), Jail Assessment Fee: $10-Goes to the Sheriff's Office for jail expansion and maintenance, Drug Enforcement Assessment: $13.00-Goes to the state crime laboratory, Court Support Fee: $68-Goes to the state; a portion is returned to counties in block grants for court-related expenditures, you will pay $175.30 in total.

Statutes 938-961 deal with the Criminal Code and Controlled Substances Act, while 967-980 deal with Criminal Procedure. There may be several other statutes that deal with criminal laws or procedure, such as evidence or other specific crimes. Look at the Statutes Table of Contents for more information on how Statutes are arranged.

The fees and surcharges that are added to your ticket are set by state statute. The legislature and the Governor have set the amount of these fees. These fees have increased drastically over the past ten years. The officer and the court must abide by state statutes. The officer and the court are not responsible for setting the amount of these fees and surcharges.

Yes, but you have to show the Court that you made reasonable and diligent efforts to locate your spouse. You also must publish a notice in a newspaper likely to give notice in the area or to the person affected [§985.02(1)], in an attempt to inform your spouse that you have started a divorce. You must also submit an Affidavit of Attempted Service at the last-known address.

The Judge or Court Commissioner may issue temporary orders that protect your rights during the divorce process. For example, temporary orders may determine child custody and physical placement, who lives in the family home, payment of maintenance and child support, or payment of debts. The parties may also complete a Stipulation for Temporary Order and submit it to the Court for approval. The forms can be found at our  family forms.

Other Family

Usually, a person can voluntarily terminate his or her parental rights only if there is another person willing to adopt the child. A Judge will not terminate your rights just so you can avoid paying support. Parental rights can be terminated involuntarily for the reasons specified in WI Stat §48.415. Questions about terminating parental rights are best addressed to an attorney.

Post-Divorce/Post-Paternity

According to Wis. Stat. §767.43, "upon petition by a grandparent, great-grandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child." However, certain limitations apply to this statute. You can read the entire statute on the State Legislature's website. Since this issue may be complicated, you may want to consult with an attorney. There are no official court forms for this action.

According to Wis. Stat. §767.481, if more than one parent has been awarded periods of physical placement, a parent with legal custody of and physical placement rights to a child must provide 60 days' written notice to the other parent and the court of intent to (1) establish legal residence with the child outside the state; (2) remove the child from this state for a period of time exceeding 90 consecutive days; or (3) establish legal residence with the child within this state a distance of 150 miles or more from the other parent. If the other parent files a written objection to the move, the move cannot take place without a court hearing. Notification to the other parent before removing a child from his or her primary residence for a period of not less than 14 days is also required.

Divorce is hard on children, but there are things you can do to lessen the tension and conflict in your household. Avoid blaming the other parent, arguing or fighting in front of children, discussing the court proceedings when the children are at home, involving children in decision making or choosing sides, or threatening to send the children to live with the other parent. Work toward answering children's questions in an age-appropriate manner, making answers simple and clear, reassuring children that the divorce is not their fault, encouraging them to express their feelings such as fear and anger, giving them permission to continue to love both parents and not take sides, reassuring them that they will be taken care of, keeping the children's schedules as normal and typical as possible without major or drastic changes that are unsettling, and preparing the children for changes to their family.

Post-Divorce/Post-Paternity

Both parties must sign a notarized application, which is sent to the Judge for his/her consideration within six months from the granting of the Judgment of Divorce.

Check to see if a divorce action has been filed on the Internet at CaseSearch, or call (608)328-9433.

After one year, either spouse can seek to have a legal separation converted into a divorce without the other spouse's consent. Spouses who reconcile after a legal separation may apply to have the separation revoked. There are no specific court-approved forms for this process.

Post-Divorce/Post-Paternity

If both parties are in agreement to make the change, you can file a "Stipulation and Order to Amend Judgment for Support/Maintenance/Custody/Placement." If the parties are not in agreement, you can file a motion to change either custody/placement or court-ordered support.  The modification information can be found here.  The filing fee is $50 for a motion to change custody or placement and $30 for a motion to change child support or maintenance. Stipulations have no filing fee. A copy of any child support modification motion or stipulation must be provided to the Child Support Agency if public assistance is involved in the case.  

You usually do not need to go through a separate name change court proceeding in order to change certain documents if necessary language regarding use of a maiden name is contained in the divorce judgment. Most agencies that hold documents that you need to change, such as the DMV or Social Security Agency, have internal forms for you to fill out. Some may require a certified copy of your divorce Judgment of Divorce (available from the Clerk of Courts office in Monroe, WI). The Social Security Agency requires a certified copy of the Judgment of Divorce showing the Judge's signature, not the judge's stamped signature. Contact the individual agencies to see what they require.

Other Family

Only the recipient of the child support can agree to erase arrears unless you can prove that the child lived with you or received disability benefits through you, or that you made direct payments to the other parent.

There are no specific court-approved motions to change venue. You may need to consult an attorney. The rules as to when a change in venue is appropriate may be complicated.

Complete the Petition and Waiver of Fees/Costs, and attach the required documentation. You will be notified whether you qualify for a waiver of the fee. Fee waivers typically cover filing and service fees, but not fees for forms or copies.

Contact the Clerk of Courts office at 2841 6th Street, Monroe, WI 54566 or call(608)328-9433 for information. Requests must be made in person, by mail, or by fax at (608) 328-9405. Telephone requests are not allowed. There is a charge of $1.25 per page for copies.

To file for a divorce in Green County, one party must have lived in the State of Wisconsin for six months prior to the time the divorce is filed and in Green County for at least thirty days before filing for divorce. Generally, you file for divorce in the county in which you are a legal resident.

Other Family

For information on your child support payments, check under "payments on collections" on the Department of Workforce Development website. As an alternative, you may call the Wisconsin Support Collections Trust Fund at 1-(800)- 991-5530 for payment information.

You can file a divorce, legal separation or paternity action. If there is already a court order of any sort related to the child(ren), you may file a Stipulation Order to Amend Judgment for Support/Custody/Maintenance/Placement. If the parties do not agree, either party may file a Notice of Motion and Motion to Change Custody/Placement/Support/Maintenance. These forms are located on wicourts.gov/ If the child(ren) are not the product of a marriage, and if paternity has not been established, you may file a paternity case or request the assistance of the Child Support Agency, 2841 6th Street, Monroe, WI 53566. They are available by telephone at (608)328-9460. There are no court-approved forms for initiating a paternity action.

If your hearing is in front of a Court Commissioner, call or write to the Court Commissioner Center at the address at the top of this page. A new date may be assigned and you can attempt service again.

Other Family

Call the Child Support Agency at (608) 328-9460. You should provide the arrested person's social security number, case number and the name of the other party to the case. They will advise you what can be done to secure the person's release.

Unless the court makes an exception for an emergency, which is very rare, at least four months (120 days) must pass between the serving of the initial papers (or filing of the joint petition) and the final hearing. Most divorces take longer than four months. Several factors affect the length of the process, including the complexity of the case, the ability of the spouses to agree on the issues, and the amount of other business before the trial court. A divorce isn't effective until the final hearing. Even then, a "Findings of Fact, Conclusions of Law and Judgment" form must be filed with the court within 30 days of the final hearing or the case may be dismissed. Once the divorce is final, both parties must wait at least six months before marrying other people.

Other Family

You may file an "Order to Show Cause for Remedial Contempt of a Divorce or Paternity Judgment". The contempt information can be found here. Contact an attorney to bring an enforcement action on your behalf.

Either call the Child Support Agency at (608) 328-9460 or write to the office at 2841 6th Street, Monroe, WI 53566

You can find out where and when the hearing is by accessing the Circuit Court Access System called the Consolidated Court Automation Program (CCAP) or by calling (608) 328-9433. If your hearing is before a Judge, you can find out where and when the hearing is by accessing the Circuit Court Access System called the Consolidated Court Automation Program (CCAP). You could also call the Judge's office at(608) 328-9420.

Other Family

Write to the Family Court Commissioner, 2841 6th Street, Monroe, WI 53566. If there is a support obligation, you must also notify the other party and the Child Support Agency, 2841 6th Street, Monroe, WI 53566.

No. The Answer and Counterclaim is to be used to deny factual statements in the petition or make a counterclaim. If an answer and counterclaim is filed, copies must be provided to the spouse or their attorney. If you also want the action to continue, you must file a Counterclaim. Otherwise, if the Petitioner dismisses the Petition, the action will be dismissed too.

Other Family

You may contact an attorney because the issues are more complicated when one party resides in another state or contact the Green County Child Support Agency at (608) 328-9460. That office may be able to begin an interstate child support action on your behalf.

Post-Divorce/Post-Paternity

Any child present in this state may be adopted if the child's parents are either deceased or have had their parental rights terminated. In the case of adoption by a stepparent, the birth parent to whom the stepparent is not married must be deceased or have had his/her rights terminated.

Yes. Even if the parties have no property to divide, a Marital Settlement Agreement must be filed.

Post-Divorce/Post-Paternity

There is nothing in Wisconsin law that changes your rights or responsibilities as a parent just because you are incarcerated. There are often side effects of incarceration that can affect parental rights, however. If there is no one to care for a child, then the county and state could become involved in raising the child. If contact is not maintained with the child, a court could later find that the child was "abandoned" and can terminate parental rights permanently. If a divorce is started while a parent is incarcerated, the Judge can consider the inability to care for the child in deciding who gets custody. Support orders are not automatically reduced when a parent is incarcerated.

First, contact the other party (his or her attorney if represented), and the Child Support Agency (if public assistance is involved), and request that the case is rescheduled. If they agree, write to the Court Commissioner Center to request a continuance and indicate that the other parties do not object. If the other parties will not agree, write to the Court Commissioner Center to explain your request. The Court Commissioner will either continue the hearing to another date or try to confer by telephone with both parties and decide whether the hearing is to be continued to a later date.

Post-Divorce/Post-Paternity

If one of the parties has violated an order of the Court, the other party may wish to file an Order to Show Cause for Contempt. The contempt information can be found here. If the commissioner finds that the other party has violated an order, the party who violated the order could be made to compensate the other party for his or her loss. For instance, in order to avoid going to jail, the other party could be ordered to pay off a debt, make arrangements to pay a medical bill, or pay a certain amount towards his or her child support arrearages. Please contact the Child Support Agency to obtain an application for their services.

Before the file can be forwarded to the Judge for the scheduling of a final divorce hearing, you MUST complete the Vital Statistics form (also known as Divorce/Annulment worksheet) ,the Confidential Petition Addendum, and provide proof of service of the divorce papers on the other party or proof of publication. You must also submit a completed Marital Settlement Agreement (MSA) if all issues in the divorce are agreed to. When there is not a complete agreement on all issues, the parties must request a status conference with the Court Commissioner Center. The Commissioner will determine which issues are not resolved and how much time the trial will take. The Commissioner will notify the Judge's office that the trial is ready to be scheduled and may suggest the appropriate amount of time for a trial of the issues to be decided. Parties may also file a partial MSA outlining any agreements they have been able to reach. Then, the remaining issues can proceed to trial.

The only basis for divorce in Wisconsin is that the marriage is "irretrievably broken." This means the husband and wife can find no way to work out their differences. A judge usually will find a marriage irretrievably broken even if only one spouse wants a divorce.

Your husband is legally presumed to be the father of your child. You must notify the Court Commissioner or Judge of your pregnancy so that a lawyer can be appointed to represent the child's best interests. That lawyer, the guardian ad litem, must recommend to the judge whether genetic testing should be undertaken to determine whether your husband or another person is the father of your child before you can be divorced. This often involves waiting until the child is born, when genetic testing can be performed.

Legal Separation: A legal proceeding that separates the parties' property and finances, and makes custody and placement orders regarding children, but continues their marriage. Legal separation is an alternative for people who wish to avoid divorce for religious or other reasons. Annulment: Dissolves a marriage that was invalid from the beginning. A marriage may qualify for annulment only if it satisfies very limited statutory circumstances. See Wis. Stat. §767.313. Divorce: A legal proceeding to dissolve an irretrievably broken marriage.

Your divorce is final on the date of the divorce hearing. Unless the Judge makes an exception for an emergency, at least four months (120 days) must pass between the serving of the initial papers (or filing of the joint petition) and the final divorce hearing. Most divorces take longer than four months. You are not free to marry, in Wisconsin or another State, for six months after the divorce is final. (Information regarding when your divorce is final can be found on the CCAP system) A "Findings of Fact, Conclusions of Law and Judgment" form must be filed with the court within 30 days of the final hearing. If this document is not received, the action may be dismissed.

You may contact the Clerk of Courts at 2841 6th Street, Monroe, WI 53566 or call (608)328-9433 for information. Requests for copies may be made in person, by mail, by email or by fax at (608) 328-9405. No telephone requests are taken. There is a charge of $1.25 per page for copies. The Divorce Certificate can be obtained from the State of Wisconsin Office of Vital Records, PO Box 309, 1 W. Wilson Street, Madison, WI 53701-0309 or by calling (608) 266-1371.

Here are some general tips:

  • Be on time! The court has a very busy schedule. If you are late, your case might be postponed to another date or dismissed entirely.
  • Dress professionally, as you would for an important event. This means that your clothing should be neat and clean and that you are well groomed.
  • Do not bring your children into court.
  • Do not chew gum.
  • Turn off electronic devices, including cell phones and pagers.
  • Be respectful to everyone in court. This includes the judge or court commissioner, court staff, the other party involved in your case, witnesses, court bailiff, and any other people in the area.
  • Address the judge as 'Your Honor'.
  • Do not use profanity, argue, or verbally react to answers given in court by the judge or commissioner, opposing party, or attorney. You will have your turn to speak.

The Office of Lawyer Regulation (OLR) investigates grievances about attorney misconduct. OLR provides instructions on how to file a grievance, outlines the grievance process, and explains under what circumstances you may learn whether other grievances have been filed or whether the attorney has been previously disciplined. Information about the OLR is on their website.

Contact the Clerk of Courts office for copies of cases and files. A brief description of cases and index of records is contained in the WI Circuit Court Access database at http://wcca.wicourts.gov/index.xsl.

A court interpreter will be provided for hearings UPON REQUEST. You must make the request, in writing, at the Clerk of Courts office, located on the first floor of the Justice Center.

If the case is in front of a Judge contact: (608)328-9420. If your case is in front of a Court Commissioner contact:(608)328-9429

Monday - Friday, 8:00 a.m. to 4:30 p.m. Closed all County holidays. Customers should arrive in time to complete all business by 4:30. Judges and probate offices are closed 12-1 p.m. daily

Local court rules are policies and procedures for court actions tried in Green County. You need to be familiar with the local court rules if you are involved in court actions, even if you are not an attorney. You can view the Green County Circuit Court Rules.

Read Supreme Court Rule (SCR) 75.06. Contact information for the chief judge may be found in the Circuit Court Administrative Districts directory. The Wisconsin Judicial Commission provides an online complaint form.

The Wisconsin Judicial Commission investigates allegations of judicial misconduct. They provide an online complaint form.

There is a parking lot in front of the building.

The Justice Center is located at 2841 6th St. Monroe, WI

Court staff cannot give legal advice. According to Supreme Court Rule 70.41, services such as legal research or assistance filling out a form can be considered legal advice. The worst case scenario places court staff in violation of unauthorized practice of law, an offense punishable by as much as $500 or a year in jail (according to WI Statute § 757.30(1) or both.

Yes. Go to the juvenile mandatory forms page to find mandatory Juvenile Court forms on the Internet.

Many Juvenile Court hearings are confidential. There are times, however, when the court proceedings are open to the public, mainly in second or subsequent delinquency cases. You should ask your Social Worker or attorney about the confidentiality of your particular hearing. You may be asked to sign a Release of Information form that allows certain parts of the record to go to other child-serving agencies that will be working with your child and the family. The Court may also issue an order to have certain records and facts released to involved parties.

The age of majority for criminal offenses and forfeitures is 17. Wis. Stats. § 938.02(1) provides that " 'Adult' means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, 'adult' means a person who has attained 17 years of age." See WI Statute § 938.183 "Original adult court jurisdiction for criminal proceedings" for more information regarding age. There are other circumstances in which a person under age 17 could be dealt with in adult court, including: (1) A juvenile age 15 or 16 may be "waived" into adult court by the juvenile court, and (2) there are certain very serious offenses that may be prosecuted in adult court.

Pursuant to §938.355(4m) a juvenile who has been adjudged delinquent may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Expungement will not be approved if the juvenile, even though he/she has reached age 17, is currently under Juvenile Court jurisdiction/supervision. Expungement will only be approved in exceptional circumstances in which the juvenile/adult making the request demonstrates through the course of conduct and/or provision of other information that it is in both the best interests of the juvenile and the public that their juvenile record is expunged.

A case usually begins with a complaint brought against a juvenile through a report filed by law enforcement. The police send most complaints to the Juvenile Intake office after they have contact with a victim of a crime or a threatened party. The complaint is reviewed by Juvenile Intake staff from Human Services and the District Attorney's Office. Juvenile Intake reviews the accusation (complaint/ referral) and works with the District Attorney's office to decide whether it is suitable for informal action (Deferred Prosecution Agreement) or if it should be filed as a petition in Juvenile Court. If the petition is filed with the Court, the hearing process will ensue. If it is sent to Human Services for further work with the youth/family, a social worker from Human Services will contact the parent(s) for an intake conference.

First make sure that the crime has been reported to law enforcement. Cooperate with the investigating officer and give as much information as possible regarding the type of damage and other details regarding the crime. They will also give you some information about who to contact if you have questions about your rights, and you will receive contact information for the Victim Witness Unit of the District Attorney's office. If charges are filed against the juvenile, you will be mailed a victim notification letter from the Victim Witness Unit. This is your opportunity to give the Victim Witness Specialist your opinion regarding restitution and consequences. You will also be given the opportunity to request that the Victim Witness Unit notify you of any scheduled hearings. You have the right to attend some of these hearings and make a statement to the court if you choose. It is important that you provide any documentation that you have regarding the loss incurred. Due to various laws and statutes affecting juveniles, there are only certain costs that are recoverable in juvenile court as well as monetary limits. If you are not satisfied regarding the action taken in juvenile court, victims do have the right to sue the parents and child in civil court. The victim must initiate this process.

According to WI Statute § 938.02(10m), a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, does not include a person who has attained 17 years of age.

There is no assistance currently available in the courthouse specifically for filling out Juvenile Court forms. Court staff may be able to tell you what needs to be filed, but they are not allowed to give out information that could be considered legal advice.

CHIPS stands for Child In need of Protection or Services. It is a proceeding in juvenile court for any person under the age of 18 for noncriminal reasons including abuse, neglect, and abandonment. Similarly, JIPS stands for Juvenile in Need of Protection or Services, and are court proceedings involving a juvenile under the age of 18-(1) whose parent signs a petition requesting the court to take jurisdiction and is unable to control the juvenile; (2) who is habitually truant from school or home; (3) who is a school dropout; (4) who is under the age of 10 and has committed a delinquent (criminal) act; or (5) who has been determined to be not responsible for a delinquent act by reason of mental disease or defect or who has been determined to be not competent to proceed.

The Supreme Court ruled that juveniles have the right to know the allegations against them, to have legal representation, to question witnesses, protect themselves against self-incrimination, have a transcript of court proceedings on request, and have the right to appeal. In delinquency (law violation) situations, juveniles do not have a right to a jury trial but can have a trial with the judge.

To hire representation for themselves or their child and to be heard in Court. Parents in CHIPS (Child in Need of Protection or Services) cases are entitled to be represented by an attorney. Upon a finding of indigence, the Court will appoint an attorney to represent the parent(s).

When a child is placed on supervision with the Department of Human Services, a variety of programs and services can be made available to the child and family in order to help the child successfully complete supervision and prevent future problems. Such programs range from diversion programs to intensive supervision, as well as a variety of individual and family counseling services. The assigned social worker will aid the family in evaluating their needs and obtaining services.

Depending on the facts and circumstances, the final disposition of a juvenile case may or may not include time in a secure facility. Recommendations will be made to the Judge regarding placement of your child. The Judge will make a court order listing the conditions of the juvenile's period of supervision and a determination where the juvenile will reside if placement outside of the parental home is necessary.

Unlocked. It is not as restricted as a secure facility, such as detention, and could be the home of a parent, relative or guardian, friend of the family, foster or group home, or a hospital.

According to WI Statute § 48.40(2), the severing of rights, powers, privileges, immunities, duties and obligations existing between parent and child, pursuant to a court order, voluntarily or involuntarily in the best interests of a child.

In most Juvenile Court cases, the Juvenile Justice Code requires several steps in the hearing process, including a plea or jurisdictional hearing, at which the Juvenile and/or the parent, in some cases, will enter an admission or denial regarding the allegations in the petition. This hearing is where you may hear the juvenile's attorney make a request for a different Judge or for a waiver of the time limits for the next hearing. This may sound foreign and confusing to you, but the attorney is simply preserving the juvenile's rights under the statutes. Some of these rights may be lost if not requested at the PLEA hearing. The Judge may also order psychological and/or Alcohol or Drug abuse (AODA) evaluations at this hearing. It is important to note here that this hearing is an initial hearing and long-term planning decisions will probably not be made at this time. A pre-trial conference at which the attorneys, Social Worker, parents, and the Judge may be able to work out an agreement that will settle the case without going to a trial. A fact-finding hearing or trial in which the Judge determines whether a juvenile is delinquent or in need of protection or services by hearing testimony from all parties. If the Judge determines that the juvenile is delinquent or in need of protection or services, the final hearing will be set. A dispositional hearing at which the Judge will hear the reports and recommendations of the Social Worker and others involved with this case. The Judge may have received written reports from other parties, such as psychologists and school personnel, before the hearing. Parents also will be asked their views on the recommendations. After the Judge hears all of the testimony, he or she will begin to list the "findings of fact," and then will decide the disposition of the case. The Judge will make a court order listing the conditions of the juvenile's period of supervision and a determination where the juvenile will reside if placement outside of the parental home is necessary through an out of home placement. If you are unclear on any point in any of the hearings, be sure to ask the Judge, the assigned Social Worker, or an attorney to explain the order in more detail. In some minor cases, an agreement called a "Consent Decree" may be worked out at the pre-trial hearing thereby avoiding a final dispositional hearing. A consent decree is a form of probation that allows a juvenile to keep their record clean if they follow through with all of the conditions of the consent decree. If they follow through the case will be dismissed. If not, the juvenile can be brought back to court and can be found delinquent based on the plea they entered.

Call the Human Service intake office that serves the area in which the family resides as soon as possible. Human Services will investigate. When in doubt, report it to either a law enforcement agency or Human Services office.

When your child has been charged with a delinquent act or is alleged to be a Juvenile in need of Protection or Services (JIPS), a Social Worker from the Green County Department of Human Services will be assigned to your family. This usually takes one or two weeks. The social worker will then contact you by letter or phone to set up an initial meeting, called an Intake Interview. This meeting will take place at either the Social Worker's office or your home depending on the worker's schedule and preference. Family history will be one of the topics that will be discussed so that the Social Worker can get to know you better. This is important because the Social Worker, as the case planner, will be making recommendations to the court about what the conditions of supervision will be, which community services to use, or even which type of out of home placement may be best suited to your child's needs, where necessary.

Both offices deal with children and families. Juvenile Court handles matters such as child or juvenile protective services, crimes committed by children or juveniles, as well as termination of parental rights. The family court handles matters such as divorce, legal separation, annulment, child custody, child support, as well as paternity, counseling, and mediation. Another court, probate court, handles adoptions and guardianships. All of these courts assist one another with cases that may cross into another's jurisdiction.

Three possible circumstances when parent may wish to seek their own representation are:

1.If the parent(s) will be to provide sworn testimony during a trial, depending on the nature of their testimony, or
2.If the parent(s) object to the way they are being represented to the Juvenile Court by the District Attorney, or the child's defense attorney, or if they have a hostile relationship to the child's position, or
3.The parent is a parent in a case alleging that their child is in need of protection or services (CHIPS). In CHIPS cases, for parents who have been fount to be indigent, a court-appointed attorney may be provided at county expense. An application will need to be filled out by the parent. they may be found on the court website. It is formed JD-1718. There may be other circumstances that arise for which having representation will be desirable for the presentation of a parent's position to the Court and preservation of a parent's interests.

Any child with pending charges in Juvenile Court has the right to be represented by counsel in all stages of Court proceedings. It is important for the child to be able to speak freely and honestly with his/her attorney so the attorney can provide the best counsel possible. It is also important that the attorney is able to respect the client/attorney trust by keeping conversations with the juvenile private. The attorney may only discuss general information with the parents due to this trust obligation.

In all delinquency, CHIPS/JIPS cases, juveniles/children have the right to be represented by a lawyer. In delinquency/JIPS cases, juveniles/children aged 10 and older, and in CHIPS cases children aged 12 and older, will be appointed an attorney by the State Public Defender's office. The attorney will advocate for the juvenile during all stages of the proceeding unless the juvenile wishes to continue without a lawyer and the Judge permits this. The parents in these cases will be ordered at the conclusion of the case to reimburse the state for the representation of their child. The amount is dependent on whether the charge is a felony or misdemeanor. Parents have the right to appeal this order to show indigence (inability to pay). Information about the appeal process will be provided once the case is concluded. The State Public Defender's Office can be contacted at 608-325-5065. Children under the age of 10 and alleged to be JIPS and children under the age of 12 and alleged to be CHIPS will be appointed a Guardian ad Litem (GAL), an attorney who will represent the best interest of the child. The GAL is appointed at county expense.

Any defendant who has a fine or fines totaling $100 or more is eligible for a payment plan as long as he/she has a source of income. The source of income can include employment or someone else to make payments for the defendant. A payment plan should be set up within ten (10) days after the date of case disposition. If some extenuating circumstances exist and the defendant is not able to set up a payment plan within those ten (10) days, the defendant may still be eligible for a payment plan.* Contact the Clerk of Courts Office at (608)328-9433 and ask to speak to a Clerk to address this issue.

*Late applications may require a down payment.

A number of things can happen if a defendant is late (past due date) with payment of his/her court-ordered obligation: Up to a 1-year suspension of your driving privilege will be ordered for failure to pay, the suspension is not in lieu of payment, a citation for driving with a suspended license is $186.00 in addition to 3 demerit points, a $60 reinstatement fee is charged by the Department of Motor Vehicles to reinstate a suspended license after failure to pay, revocation of DNR privileges for failure to pay forfeiture for wildlife-related convictions until paid in full, referral of the past due amount will be made to a collection agency which can negatively affect a person’s credit rating, a civil judgment will be entered for the past due amount which affects a person’s ability to obtain a loan. A $5.00 satisfaction fee is required to satisfy a civil judgment after the judgment amount is paid in full, civil judgments accrue 12% interest annually from the date of judgment, unpaid court obligations are certified with the State of Wisconsin Department of Revenue for tax interception, an income assignment may be ordered which may cost you an additional $3.00 per paycheck if your employer is ordered to withhold your earnings in payment of the fine/forfeiture, an Order to Show Cause Hearing may be scheduled by the court.

You must pay at least half of the amount due on or before the due date. Along with that payment you can ask for a 30-day extension to pay the other half. You must ask for this extension - it is not automatically given.

If the defendant brings his/her payment into the Clerk of Court's Office he/she will receive a receipt. If the defendant mails his/her payment to the Clerk of Court's Office no receipt will be supplied unless a self-addressed stamped envelope is included with the payment requesting that a receipt is returned.

Yes, but only some costs. You will not receive reimbursement for lost wages or transportation but you can receive reimbursement for the cost to file the case, the cost to serve the summons and petition, to subpoena witnesses, and for garnishment costs. You can also receive limited attorney fees. Please see the table in the Guide to Small Claims Court for the amount of reimbursement allowed for attorney fees.

Representation by an attorney is not required, it is your decision if you wish to retain one. Please keep in mind that court staff is prohibited from giving legal advice.

In a nutshell: File for an eviction in Small Claims court, win the eviction action, re-rent the premises, file a rent and damages form with Clerk of Courts, win a money judgment, and pay a $5 docketing fee to have the Small Claims Court put a lien on person's property

The money limit is $10,000. Any amounts over these limits must be filed as a large claims civil case. They cannot be broken down into multiple small claims cases.

All small claims court case types require a filing fee of $94.50.

If the judgment has been satisfied, you may file a Satisfaction of Judgment form (mandatory form GF-129) and pay a $5.00 fee to clear the judgment.

If, after a court hearing or a trial with the judge, you lose altogether or don't get all the money or property you wanted, you may take your case to the court of appeals. The appeal fee is $195, plus a $15 record transmittal fee. You must also pay for the preparation of the transcript. Since an appeal is complicated, you may wish to seek legal advice.

If you win a money judgment, the Small Claims Court will order the party owing money under the decision to fill out a financial disclosure form and send it to you within 15 days after the judgment was filed. If the defendant fails to give you the required financial disclosure form, you may file contempt paperwork with the court. If the defendant doesn't pay, you may docket the judgment at the Clerk of Courts office. The docketed judgment then acts as a lien on the defendant's real estate owned in Green County and may show up on their credit report. One of the several ways to try to enforce a judgment is by 'garnishment.' Garnishment is an action to withhold part of a person's wages or bank accounts to pay off the judgment. A garnishment can be filed in Small Claims Court, just as the original case was. Part of the judgment debtor's wages are exempt from garnishment. You can also request an execution form to be served by the Sheriff to see if they can collect the money from the defendant for you. All of the above paperwork will require either a court fee or service fee or both.

A creditor who is trying to collect an unsatisfied civil court judgment against a debtor may start a garnishment action to recover the money owed. This may include interest and other costs, which are deducted from earnings payable to the debtor. The employer, who makes payment directly to the creditor, is called the garnishee. For example, if a court finds that you (debtor) owe a former landlord (creditor) back rent, the landlord can ask the court to order your employer (garnishee) to pay part of the rent you owe directly to the landlord. There are limits to the amount that can be taken out of each paycheck. More garnishment information is in the Guide to Small Claims Court.

A stipulated dismissal is an agreement between the parties. If the agreement is not followed, the plaintiff can file an affidavit of default wherein the judgment can be entered without notice to the defendant(s).

A creditor who is trying to collect an unsatisfied civil court judgment against a debtor may start a garnishment action to recover the money owed. This may include interest and other costs, which are deducted from earnings payable to the debtor. The employer, who makes payment directly to the creditor, is called the garnishee. For example, if a court finds that you (debtor) owe a former landlord (creditor) back rent, the landlord can ask the court to order your employer (garnishee) to pay part of the rent you owe directly to the landlord. There are limits to the amount that can be taken out of each paycheck. More garnishment information is in the Guide to Small Claims Court.

An action for the recovery of an item that hasn't been paid for or been wrongfully taken.