Violating a Restraining Order in Wisconsin
Restraining Order in Wisconsin – know what to do
If a restraining order or injunction is issued against you in Wisconsin, you cannot treat that order lightly. A court issues the order with specific instructions that you need to follow. When you go against those instructions, intentionally or not, you face arrest, jail, and other consequences. Thus, you should seek legal assistance right away if you have violated a restraining order or injunction.
Kinds of Restraining Orders
In Wisconsin, restraining orders fall into three categories:
1. A 72-hour No Contact Order is issued automatically by the court after a domestic violence arrest. No one needs to file for this kind of protective order, so once you are arrested, you cannot return to the home of the victim unless that person signs a waiver for you to do so.
2. A Temporary Restraining Order can be issued by a judicial officer. This is designed to give a victim time to present evidence in court that he or she needs protection. The terms of the order define what you can and cannot do during that time period.
3. An Injunction will be issued by the court if it finds that the person seeking it has demonstrated a need for protection. It can extend for up to four years after it is issued.
Penalties for Violating Restraining Orders
If you violate a restraining order, you face a penalty of up to 9 months in jail, and a fine of up to $1,000. The penalty will depend on the circumstances, including how you violate the order. It is critical to read the terms of the order, including how far you must remain from the person who filed it, for how long, and under what circumstances.
Get Legal Assistance
If you feel a restraining order was issued in error, or the person who sought it has changed his/her mind, you need to work through the court to get it lifted. If you have been arrested for violating an existing order, though, you need someone to help protect your rights. Contact Eisenberg Law Office to learn how we can help you.