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Restraining Orders and Injunctions

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DOMESTIC ABUSE TEMPORARY RESTRAINING ORDER AND INJUNCTION INFORMATION

 

 

 

 Domestic Abuse is defined in Wisconsin State Statutes as: Any of the Following engaged in by an adult family member, current or former household member or the father/mother of your child/ren;

 

  1. Intentional infliction of physical pain, physical injury or illness.
  2. Intentional impairment of physical condition
  3. First, second or third degree sexual assault
  4. A threat to engage in the above.

There are some basic steps for filing a Domestic Abuse Restraining Order.  First you will need to write out your statement.  In this statement you will need to include the name of the person you are filing the restraining order against, how you know this person, what exactly has been happening (with specific dates, times and brief descriptions of things that have occurred), and why you need this restraining order.  There is then some paperwork that you need to fill out and you will need to have a good address for the person you are filing against. 

 

At this point the information will be taken down to a Judge for him to look at, and you will need to wait while this happens.  If they Judge has any questions, or needs clarification on any of the issues he/she will need to talk with you.  If the Judge approves the restraining order he will sign a temporary order to be put into place and served on the respondent.  You will then have a hearing date and time set for the Judge or Family Court Commissioner to hear both sides of the story regarding the events that have occurred.  At this time the Court Commissioner/Judge will decide whether or not to grant a restraining order.  This restraining order will be good for four years, or a lesser period of time. 

 

There are no costs for filing a restraining order unless the Court finds that you have filed this frivolously.  The Court may then impose court costs and other such fees.

 

Restraining orders are in effect anywhere in Wisconsin regardless of the County of origin.  However, if the respondent violates the order and you call the police, make sure that you have a copy of the order and tell them in which county the order is filed.