what type of attorney restraining order in wisconsin

An "injunction" is a term used in Wisconsin to refer to a restraining order that lasts for a longer period of time than the TRO. Injunctions are usually ordered to last two to four years, but can last up to 10 years depending on the facts of the case. Like a TRO, an injunction prohibits another individual from behaving in a certain way.

Full Answer

How do you file a restraining order in Wisconsin?

How to get a restraining order. You start the process by requesting papers for a temporary restraining order (TRO). These papers are called the petition. The person completing the petition is called the petitioner. The person you file against is called the respondent. Once you file a TRO petition, the court decides whether or not to issue a TRO ...

What are valid reasons for a restraining order?

In Wisconsin, there are four (4) different types of restraining orders (or orders of protection), including ones for: Harassment Domestic Abuse

How do you file a restraining order?

A restraining order is a civil matter and has several interchangeable names in Wisconsin. Restraining orders are also known as injunctions or orders of protection. A criminal court may issue a no-contact order prohibiting an individual from contacting the victim of the alleged crime.

What are grounds for a restraining order?

 · If you aren’t sure what type of restraining orders are available to you, or what you should do in the event that you’ve been harmed or threatened – or that someone you care about has been harmed or threatened – we may be able to help. Call us at 414-383-6700 now to learn about your options. Carlos Gamino.

What kind of restraining orders are there in Wisconsin?

Wisconsin has four different types of restraining orders, each with different rules relating to who can file and what type of conduct must be alleged:Domestic abuse. ... Harassment. ... Child abuse. ... Individual at risk.

What proof do you need for a restraining order?

The person who requested the restraining order generally provides all of the evidence that they can to prove that the abusive or harassing behavior has taken place. They can call witnesses and submit evidence ranging from text messages and voice mail messages to medical records or police reports.

How much does it cost to file a restraining order in Wisconsin?

If you believe that your safety is being threatened or you are suffering harassment from another person, you may be eligible for a restraining order. A harassment restraining order costs around $165 plus service fees. If you are financially unable to pay the fees, you may get them waived by the court.

What type of order is a restraining order?

A restraining order is a type of court order, released by a judge, to stop someone inflicting harm on another person. These are generally issued at the end of a criminal hearing and often follow cases involving domestic violence, domestic abuse, harassment, stalking or sexual assault.

How do you stop someone from harassing you?

Start by telling the person that you don't like the behavior and asking them to stop. If the harassment doesn't let up, take measures such as involving the police and increasing your security. In some circumstances, you might need to file for a restraining order to keep your harasser away.

What is the sentence for harassment without violence?

For the offence without violence, the basic offence of harassment, up to six months imprisonment can be imposed. This increased to 2 years if the offence is racially aggravated.

What is considered harassment in Wisconsin?

For the purposes of getting a harassment restraining order, the legal definition of “harassment” includes: striking, shoving, kicking or otherwise subjecting another person to physical contact; child abuse (as defined by law);

What is a no contact order in Wisconsin?

When an individual receives a No Contact Order in Wisconsin, he or she isn't allowed any form of contact with another person—usually the alleged victim, a witness to the incident or loved ones of those people.

How long does a restraining order last in Wisconsin?

four yearsThe temporary order lasts for 14 days or until the full court hearing and it can be extended once for 14 days if the respondent could not be served or if the parties consent. A final domestic abuse restraining order, also called an injunction, will last for up to four years.

What's the difference between a restraining order and a non-molestation order?

Occupation orders primarily deal with who occupies the family home, whilst non-molestation orders prevent harassment and further abuse. Restraining orders are imposed on offenders to prevent them from further abusing or harassing victims.

What is an indefinite restraining order?

Indefinite Restraining Order If there is no date given on the restraining order, then the restraining order will become spent 2 years from the date of conviction. If however the restraining order states that it is 'unlimited', 'indefinite' or is issued until 'until further order', then it will never become spent.

What's the longest restraining order?

five yearsAfter having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

What is a restraining order in Wisconsin?

A restraining order is a civil matter and has several interchangeable names in Wisconsin. Restraining orders are also known as injunctions or orders of protection. A criminal court may issue a no-contact order prohibiting an individual from contacting the victim of the alleged crime. This is not the same as a restraining order, because a no-contact order is issued in a criminal matter at the request of the State of Wisconsin, not an individual.

Is a restraining order necessary?

We understand that the need for a restraining order alone can be stressful. If you have already suffered, or believe you are in danger, filing for a restraining order is necessary for you and your family’s protection. Our attorneys can help you get the paperwork needed to file, and guide you through the process and next steps. If your abuser or harasser tries to fight your restraining order, you will have our legal guidance on your side.

What is a CCAP in Wisconsin?

Wisconsin Circuit Court Access or CCAP is a record of almost all legal actions filed in each county. Restraining orders between adults are public record, however, the only information available online is the filing of a restraining order, the type of restraining order requested, and whether or not the restraining order was issued or dismissed.

How does a restraining order work?

How a restraining order works + restraining order rules. A restraining order prevents someone from continuing to engage conduct that constitutes domestic abuse or harassment. Violation of a restraining order will result in criminal charges.

How long can a restraining order be?

Petitioners can request the restraining order be less than 4 years if they choose. In cases where there is a substantial risk that the respondent may commit first-degree intentional homicide under §940.01, 2nd-degree intentional homicide under §940.05, or sexual assault under §940.225 (1), (2), or (3) or 948.02 (1) or (2), against the petitioner.

What happens if someone lied to get a restraining order?

If someone has lied to obtain a restraining order against you, you will need to present evidence to the court to prove that the allegations against you did not occur, or that the petitioner is or has a history of being untruthful.

When can a temporary restraining order be granted?

A temporary restraining order or TRO can be granted at the time of filing a Petition requesting a restraining order if a judge or court commissioner finds reasonable grounds to believe that the respondent has engaged in harassment or domestic abuse, depending on the type of restraining order requested.

Harassment Restraining Orders

You can seek a restraining order based on harassment if you’re a victim of someone else doing the following things to you:

Restraining Orders for Individuals at Risk

You can petition the court for a restraining order as an individual at risk (or on behalf of an individual at risk) if you are an adult who has a physical or mental condition that impairs your (or his or her) ability to take care of yourself (or him- or herself).

Child Abuse Restraining Orders

Children, parents, stepparents, legal guardians and guardians ad litem can petition the court for a child abuse restraining order for many reasons, including when a child has:

About the Author: Carlos Gamino

Carlos Gamino is a lawyer in Milwaukee, WI. He is bilingual in Spanish.

Is a restraining order valid?

A restraining order clearly has valid purpose and benefits in certain cases. It is agreeable to want to separate a person from another individual that genuinely wants to do them harm. But on the contrary, restraining orders can be and actually are exploited to become a form of harassment themselves.

What happens if you file a restraining order?

When a person feels that they have been unreasonably harassed, or that their wellbeing is in danger , they can file for a restraining order. If a restraining order is approved by the court, it will limit where the named individual can go and when they can go there. Some restraining orders will also bar visitation with certain individuals, remove driving privileges, and revoke the individual’s right to bear arms.

Domestic Abuse Restraining Orders

You should file a domestic abuse restraining order if your family or household members, co-parent, or current or former spouse or partner subjects you to domestic abuse.

Harassment Restraining Orders

Harassment restraining orders are similar to domestic abuse restraining orders, but they are much broader. Not only can you file against a friend, acquaintance, or stranger, but the conduct that warrants a harassment restraining order also includes any acts meant to harass or intimidate you.

Child Abuse Restraining Orders

If someone causes physical injury or emotional damage to your child or a child you know, you can file a restraining order on the child’s behalf. While domestic abuse restraining orders can protect you and your children, there are some situations where a child abuse restraining order may be necessary.

Individual at Risk Restraining Orders

Similarly, elderly individuals or people with physical or mental health conditions may need protection from abuse and neglect.

What Are the Most Common Restraining Orders?

The majority of restraining orders are filed to protect women against a male alleged abuser. As such, the most common restraining orders in Wisconsin are domestic abuse restraining orders and harassment restraining orders.

How to get a restraining order in Wisconsin?

What is the process to get a restraining order? There are two steps to obtain a restraining order in Wisconsin. Step one is for the person seeking a restraining order to file a petition for a temporary restraining order asking the court to prohibit the respondent from behaving in a certain way.

How long is a temporary restraining order in Wisconsin?

What is a temporary restraining order? A "temporary restraining order," or TRO, is a term used in Wisconsin to refer to a restraining order that only lasts a short period of time, generally less than two weeks. A TRO prohibits another individual from behaving in a certain way.

How long does an injunction last in Wisconsin?

Injunctions are usually ordered to last two to four years, but can last up to 10 years depending on the facts of the case.

What is a petitioner in a restraining order?

The person seeking protection from another person is called a "petitioner.". The petitioner is one party in a restraining order case. This person files a petition with the court, which is a document asking the court to issue a temporary restraining order. Q.

Is it free to file a domestic abuse restraining order?

It is free to file a petition for a domestic abuse restraining order. The court will not charge a filing fee and the sheriff will not charge to serve the paperwork on the respondent ( Wis. Stats. §§ 814.61 (1) (d) and 814.70 (1) ). There may be a fee to file a petition for a harassment restraining order.

Can a court prohibit a respondent from possessing a firearm?

A court may prohibit the respondent from possessing firearms if the judge or court commissioner determines the respondent may use a firearm to cause physical harm to another or to endanger public safety ( Wis. Stat. § 813.123 (4m) (a) ).