I want to file a complaint for Adultery in WI. I met with the local DA last week and he stated he refused or was unavailable to issue a complaint. He copied and gave me 968.02 in regards XXXXX XXXXX complaints and assured me I had enough evidence to get a circuit judge to allow filing of the complaint. How should I write my initial complaint to present to the judge? I've searched for forms. Can it just be typed on a piece of paper and notorized?
Country relating to Question: United States
State (if USA): Wisconsin
Haven't filed complaint yet with Circuit Court in-take judge but plan to very soon
Hello.In general, when citizens are filing private criminal complaints, the clerk of court has a form that you can use. These forms are not always available online. I'd suggest you contact the clerk of court in the circuit where this incident took place to see if they have the paperwork before you go down and try to pick one up. The list of clerks is here:www.wicourts.gov/contact/docs/clerks.pdfIf for some reason they don't have a form that you can use, here are some examples of criminal complaints. Unfortunately, there are not any private citizen complaints and these are probably more complicated than what you need, they will give you an idea of the format to use:http://www.lakegenevanews.net/pdf/OBRIEN-05-21-12.pdfhttp://wxow.images.worldnow.com/images/incoming/Vian.pdfEssentially, you have to provide, to the best of your knowledge and belief, facts that establish probable cause of the crime committed and to state what statute you wish the person to be charged under. But I would suggest checking for certain whether there is a form available to you before you start drafting your complaint, because most courts use a preprinted form to cut down on errors with cases filed by non-attorneys.
I referenced the 968.02 statute regarding the "issuing of complaints" in WI to the clerk of court and she looked at me dumb-founded and said she'd never heard it before. I'll check to see if they have forms. Thanks
Perhaps it is not used very often in your circuit. I'd suggest asking the prosecutor who directed you to the statute then and see if they are aware of any forms that you can use. If not, simply use the other complaints as a guide and draft your own. Probable cause is a relatively low standard, so you merely have to provide enough information that makes it more probable than not that the crime was committed.
8 years legal experience
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