What Are the Penalties for Violating a Restraining Order in Wisconsin?

 Posted on February 14, 2024 in Criminal Defense

A restraining order, also known as a protective order or injunction, is a legal tool designed to protect people from harassment, domestic violence, or abuse. These orders may be issued in cases where police are called to a domestic incident and arrest a person who has been accused of committing violence or abuse, or they may be sought by people who have experienced abuse and need to protect themselves and their family members

A restraining order is meant to prevent any further acts of abuse or harassment from occurring. It may prohibit a person from contacting their spouse, children, or other family members or returning to their home. Other requirements and restrictions may also apply, such as a prohibition against possessing firearms. Violating the terms of a restraining order is a serious criminal offense. If you have had a restraining order taken out against you, an experienced attorney can help you determine your legal options for defending against accusations of domestic violence or abuse while ensuring that you understand what steps you can take to avoid additional criminal charges or legal complications.

Types of Restraining Orders and Injunctions

In Wisconsin, there are several types of restraining orders that provide protection in specific circumstances:

• Domestic abuse restraining orders: These orders are meant to protect victims who have been subjected to abuse or threatened with physical harm by a family member or household member

• Child abuse restraining orders: These orders aim to protect children from harm that may be inflicted by a parent, guardian, or another person who has been accused of acting in an abusive manner

• Harassment restraining orders: These injunctions protect people who have experienced issues such as stalking, threats, intimidation, abuse, sexual assault, or harmful physical contact. A restraining order can prevent repeated unwanted behavior that can cause emotional distress and reasonable fear for a person’s safety.

• Injunctions against abuse of elderly or disabled people: These restraining orders provide safeguards against elder abuse or other situations where an “individual at risk” may experience neglect, financial exploitation, or other issues that can affect their health and well-being.

If a person requests protection, a temporary restraining order may be put in place that can provide immediate protection in emergency situations. Temporary restraining orders will usually remain in effect for 14 days, and they can be extended for an additional 14 days if necessary to ensure that a hearing can be held. At the hearing, a judge will determine whether long-term protections are needed, and if so, they may issue an injunction. Child abuse and elderly/disabled injunctions may last for up to two years. Domestic violence and harassment injunctions may last for up to four years.

Penalties for Violating a Restraining Order

Violating a restraining order in Wisconsin can result in serious penalties. Disobeying any of the terms of a restraining order or injunction may result in an arrest and criminal charges. A conviction may result in a prison sentence of up to nine months and a fine of up to $1,000. Other penalties may also be put in place, including mandatory counseling, additional restrictions being imposed, or the extension of an injunction.

Contact Our Milwaukee County Domestic Violence Defense Lawyer

If you have been accused of domestic abuse, child abuse, harassment, or elder abuse, you may learn that your accuser has requested a restraining order. With the help of an experienced attorney, you can contest the restraining order and address any other criminal charges related to domestic violence or domestic battery. However, it is important to comply with the terms of a temporary restraining order to avoid additional criminal charges

At Bucher Law Group, LLC, our Ozaukee County restraining order defense attorney understands how accusations of domestic violence can affect you and your family. We know the difficulties you are experiencing, and we are here to help you protect your rights and resolve these issues successfully. To learn how we can help you defend against criminal charges and address other issues related to restraining orders, contact us at 262-303-4916 and schedule a free, confidential consultation.