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Can you explain a de novo hearing?

Park Falls, WI |

What can I expect at a de novo hearing? its a hearing that was supposed to be a hearing to hear a modification of placement petition, but commissioner turned it into a modification of custody, and of the active TRO, and ignored the actual reasoning we were there. Is the first day there a explain why you want a new hearing day, or is it the actual new hearing?

Attorney Answers 3


  1. Best answer

    In Wisconsin people with issues like this are entitled to a hearing before an elected judge. However, there are limits on their time, so court commissioners are hired to handle things that don't really need the judge's time so people can get hearings within a reasonable amount of time.

    If you don't agree with the court commissioner's ruling, you can ask for a hearing before a judge. "De Novo" essentially means starting from scratch. The judge looks at the evidence you bring into that hearing, not what was before the court commissioner.

    Was the TRO in the same case, or was it in a separate matter - even if between the same two parties.

    You really need a lawyer if it is getting this complex.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm


  2. it is the hearing to decide what the ruling should be. the court will either affirm the family court or overrule them

    In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.


  3. Not to be disagreeable with Attorney Dommershausen, but my understanding of a de novo hearing is that the judge hears testimony on the motion as if the commissioner had never heard it: i.e., everything starts over (that's what the Latin words mean). In other words, the judge does not affirm or uphold the commissioner: it's not an appeal of the commissioner's decision. You do not have to explain why you asked for the de novo. The court clerk should have automatically scheduled a date for the hearing. Good luck. Call if you have more questions, no charge for initial consultation (but if you think you need a lawyer, hire someone local).

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