Two of them, domestic abuse and harassment, are the most common, though each type prohibits a person from taking certain actions against another person.
To obtain a domestic abuse restraining order, the filer must be in fear of their physical safety. This is common to all orders, but to qualify as domestic abuse, the complaint must be between people who are related or who have a close relationship. Specifically, the following types of relationships qualify as domestic in Wisconsin:
Actions that constitute domestic abuse in Wisconsin are:
Harassment restraining orders are slightly different from domestic abuse restraining orders. A harassment order is usually filed when the aggressor or attacker is not related to the family or does not otherwise meet the criteria for a domestic relationship, although they can have this type of domestic relationship.
The following actions are all grounds for harassment under Wisconsin statute:
Obtaining either harassment or a domestic abuse order follows the same process. Temporary restraining orders (TROs) can be granted quickly and without any trial or hearing. A judge can approve the request for a TRO based on statements from the petitioner as to why they believe they are in danger. Once an order is approved, a formal hearing is usually scheduled within a week.
Under a TRO, the accused is prohibited from:
The temporary order remains in place until the formal hearing. Violations can be prosecuted and will make your situation worse, so be sure to follow all requirements of the TRO exactly. At the hearing, both sides present their case to the judge and the judge decides whether to vacate the TRO or to order an injunction. If an injunction is ordered, the same prohibitions from the TRO carry over. If children are involved, the judge may order child support and/or spousal support to be paid and may assign child custody. All firearms in possession of the respondent must be surrendered.
Both domestic abuse injunctions in harassment injunctions can last for up to 4 years.
The primary difference between domestic abuse and harassment comes down to the type of actions perpetrated. The outcomes can be similar in either case: restrictions on entering your home and seeing your family and loved ones. This could affect your living situation and reputation and even your financial situation if you need to find alternative housing and/or pay child or spousal support.
Don’t let an out-of-control argument or misunderstanding develop into a situation that results in a restraining order. Contact the defense attorneys at Eisenberg Law Offices in Madison, Wisconsin to talk through your situation and discuss your defense options.
Contact our office at 608-256-8356 or firstname.lastname@example.org to schedule a free case consultation.
Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.
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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356