Can I file for habeas corpus in a Wisconsin court? | Sterling Law Offices, S.C. global $post;
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– from Timothy C. in Shorewood, WI

Question Details:

I’m going to court soon to explain why I haven’t paid child support. The action is being brought by a family court commissioner on behalf of the child support agency. I am afraid I may be sentenced for contempt. Is she authorized to do this? If this happens, can I file for habeas corpus?

Family Law Attorney Response:

In my interpretation of your question, my understanding is that the court commissioner is within his rights. If this is the case, you may request a writ to be released, but it may not be granted. In this case, there is a chance that habeas corpus may not fly.

To give you an example, in the case of State ex rel. Stedman v. Rohner 149 Wis. 2d 146, 438 N.W.2d 585 (1989), a man saw a similar situation. He also filed a habeas corpus proceeding requesting a writ to be released from jail. This was dismissed. It made its way in front of the supreme court, and the supreme court affirmed. This is only an example. Perhaps something can be done to prevent a jail sentence.

My advice to you is to contact a family attorney right away before your court date.

Dan Exner, J.D.

Family Law Attorney

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