Wisconsin Motion to Vacate Order of Arrest for Lack of Jurisdiction

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This form is a Motion to Vacate Order of Arrest for Lack of Jurisdiction.

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FAQ

(a) A judge or circuit court commissioner may issue a temporary restraining order ordering the respondent to avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the petitioner without the petitioner's written consent; to cease or avoid the harassment of another ...

This section delineates one crime: a suspect's armed, physical refusal to be taken into custody. It can be committed by action or threat, which are alternative ways of threatening an officer to avoid being taken into custody.

(3) No operator of a vehicle, after having received a visual or audible signal from a traffic officer, federal law enforcement officer, or marked or unmarked police vehicle that the operator knows or reasonably should know is being operated by a law enforcement officer, shall knowingly flee or attempt to elude any ...

The charge of obstructing in Wisconsin is found in the same statute as resisting arrest. The misdemeanor ticket is often written up as ?Resisting/Obstructing an Officer.? Obstructing under Wis. Stat 946.41(1) is a Class A misdemeanor in Wisconsin, punishable by up to 9 months jail and a $10,000 fine.

967 to 980) § 971.31. Motions before trial. (1) Any motion which is capable of determination without the trial of the general issue may be made before trial.

940.42 Intimidation of witnesses; misdemeanor. Except as provided in s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.

946.65 Obstructing justice. (1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class I felony. (2) ?Officer of any court" includes the judge, reporter, bailiff and district attorney.

946.41 Resisting or obstructing officer. (1) Except as provided in subs. (2m) and (2r), whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority is guilty of a Class A misdemeanor.

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Wisconsin Motion to Vacate Order of Arrest for Lack of Jurisdiction