Commonly Asked Questions About Restraining Orders in Wisconsin

 Posted on February 02, 2021 in Criminal Defense

Domestic violence affects the lives of millions of Americas. Whether you have been a victim of domestic violence or abuse or you have been accused of abusing someone, it is important to know about your rights and responsibilities regarding restraining orders. A restraining order is a type of court order called an injunction. For example, this legally enforceable order may prohibit an individual from contacting or coming within a certain distance of you and/or your children.  

Domestic Violence and Abuse

According to the National Coalition Against Domestic Violence, 10 million men and women are the victims of physical abuse at the hands of a romantic partner every year in the United States. Both males and females can be victims or perpetrators of domestic violence. Physical, mental, emotional, and sexual abuse can happen to people of all income levels and lifestyles. A restraining order prevents an alleged abuser from continuing to abuse or harass someone. Violating the terms of a restraining order is a misdemeanor offense in Wisconsin, punishable by up to nine months in jail and fines of up to $10,000.

Temporary Restraining Orders and Injunctions

A temporary restraining order may be granted to the person seeking the order, called the petitioner, if there are sufficient “grounds” or justification for the order. A Wisconsin temporary restraining order may be granted “ex parte.” This means that the suspected abuser or “respondent” does not have an opportunity to share his or her side of the story during a hearing. A temporary restraining order may be granted solely on the testimony of the person who is requesting the order. Temporary restraining orders in Wisconsin may be issued for a maximum of 14 days.

In order for the restraining order to be extended past 14 days, the petitioner will need to attend a hearing and present his or her reasonings for requesting extended protection. It is during this hearing that the respondent has the opportunity to “respond” to the restraining order. The judge will hear arguments and evaluate evidence from both sides and then issue a ruling. Whether you are the person requesting a restraining order or someone has filed a restraining order against you, a lawyer can help you understand your rights and advocate on your behalf during the hearing.

Contact a Waukesha County Domestic Violence Lawyer

At The Bucher Law Group, LLC, we understand that restraining orders can be valuable legal tools for victims of abuse. We also understand that some people misuse the court system by requesting a restraining order under false pretenses. Whether you need to petition the court for a restraining order or a restraining order has been issued against you, a knowledgeable Racine County domestic violence attorney from our firm can help. Call our office today at 262-303-4916 to schedule your free, confidential consultation.

Source:

https://www.ncadv.org/statistics