Injunction and Harrassment Process Wisconsin

Wisconsin Restraining Orders and Injunction Process

Restraining orders are court orders directing a person to refrain from engaging in certain behavior. A temporary restraining order may order your abusive spouse to stay away from you, move out of the house, or stop harassing you, among other things. Although a temporary restraining order may be obtained ex parte, without notice to the other party, a subsequent hearing date will be set within fourteen days to give the other party the opportunity to present his or her position. This hearing is called an injunction hearing. At the injunction hearing, a request will be made for a permanent injunction based on the facts and circumstances of the abuse. Each party and additional witnesses may be compelled to testify at the hearing, after which the court or commissioner will render its decision whether to grant the injunction. An injunction may be granted for up to four years for domestic abuse and harassment.

If a domestic abuse injunction is granted, the responsible party will be ordered to surrender any firearms. In a harassment injunction, you can request that the court order the harassing party to surrender his or her firearms, if you can prove to the court that the party may use firearms to cause physical harm or endanger public safety.

The domestic abuse restraining order and/or injunction does not address custody, placement, or support orders with the exception of specifically identifying the terms of exchange of placement of the minor children. A separate family court action must be filed in order to address custody, placement, and child support.

Talk to your attorney about obtaining a domestic abuse restraining order if you are concerned about your safety, your children’s safety, or if there has been a history of domestic abuse.

What is a Temporary Restraining Order?

A Wisconsin Temporary Restraining Order is a court order which prohibits contact between the person requesting the order and a person the restraining order is against. A hearing on the Temporary Restraining Order must take place within 14 days of when it is issued unless otherwise agreed by the parties

What Can the Court Order the Respondent to do if an Injunction is Issued?

The Court can order the Respondent to do the following:

1.   Cease the harassment of another person;
2.   Avoid the harassment of another person;
3.   Avoid the Petitioner’s residence or any premises temporarily occupied by the Petitioner or both;
4.   Any combination of these remedies; and
5.   Prohibit the Respondent from possessing a firearm if it is determined that the

Respondent may use a firearm to cause physical harm to another or to endanger public safety.

How Long Can An Injunction Be Granted Against A Respondent?

A Court may grant an injunction against the respondent for no more than four years.  The length of the injunction will depend on several considerations, including the individual facts of each case and the length requested by the petitioner.

 

You can file your petition in the following counties:
1.   Where you reside;
2.   Where respondent resides; and
3.   Where the cause of action arose (where the incident occurred)

You can file a Petition for Temporary Restraining Order and Injunction in the following places:
1.   The County where the Petitioner resides
2.   The County where the Respondent resides
3.   The County where the cause of action arose (where the incident occurred)

Pursuant to Wis. Stat. Sec. 813.125(4)(c), a court cannot grant an injunction for more than four years.

 

How Much Does it Cost to File A Petition?

If a proceeding is brought under Wis. Stat. Sec. 813.125 and does not allege domestic abuse behavior as listed in Wis. Stat. Sec. 813.12(1)(am)1-6 or stalking behavior in Wis. Stat. Sec. 940.32, the filing fee is generally $155.00.

In What County can I File?

A person that is harassed can file a petition for a restraining order in the following counties:

1.   the county where the petitioner resides
2.   the county where the respondent resides
3.   the county where the incident occurred

What Can the Court Order the Respondent to do if an Injunction is Issued?

The Court can order the Respondent to do any of the following if it grants an Injunction against the Respondent:

1.   Cease the harassment of the Petitioner;
2.   Avoid the harassment of the Petitioner;
3.   Avoid the Petitioner’s residence or any premises temporarily occupied by the Petitioner or both
4.   Any combination of these remedies; and
5.   Prohibit the Respondent from possessing a firearm if it is determined that the Respondent may use a firearm to cause physical harm to another or to endanger public

What Type of Abuse Must be Alleged in the Petition

To obtain a temporary restraining order or injunction, the following type of actions must be alleged in the petition:

1.   Striking, shoving, kicking, or subjecting another to physical contact or attempting or threatening to do the same;
2.   Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose;
3.   Child Abuse under Wis. Stat. Sec. 48.02;
4.   Sexual intercourse or sexual contact under Wis. Stat. Sec. 940.225; and
5.   Stalking under Wis. Stat. Sec. 940.32.

When Can the Court Extend a Temporary Restraining Order?

The court can extend a temporary restraining order under the following conditions:

(1)  The parties agree in writing to the extension; and
(2)  The court finds that the Respondent has not been served with a copy of the Petition, although the petitioner has exercised due diligence.

Will I Automatically Have to Surrender My Firearms?

No, if the court issues an injunction against you, the court has the authority to order that you are prohibited from possessing a firearm if it determines, based on clear and convincing evidence, that you may use a firearm to cause physical harm to another or to endanger public safety.

 

Will the Court Disclose My Address?

No, the petition and court order will not disclose the address of the alleged victim (the petitioner).

 

Does the Court Have to Contact the Respondent before Issuing a TRO?

No.  A Court can issue a TRO without notifying the Respondent.  The Petitioner has the responsibility of notifying the Respondent and the local authorities.

How Long is the Temporary Restraining Order in Effect?

The temporary restraining order is in effect until the court holds an injunction hearing.  The  injunction hearing shall be held within 14 days of issuing the temporary restraining order, unless an extension is granted.

 

What Can the Court Order the Respondent to do if a TRO is Issued?

The court can order the respondent to

(1) cease any harassment of the petitioner,
(2) avoid the harassment of the petitioner,
(3) avoid the petitioner’s residence or any premise temporarily occupied by the petitioner, and
(4) any combination of these remedies.