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This Wisconsin restraining order law information page
does not provide legal advice.
It only gives a basic
overview of the wisocnsin restraining order laws and your rights
in obtaining a restraining order in Wisconsin.
Wisconsin court costs vary depending on the type of restraining
order. These restraining order fees that the court charges are
in addition to your attorney fees.
There
is no court cost to file and serve Domestic Abuse Restraining
Orders in Wisconsin.
The
cost for harassment orders may be waived if the harassing behavior
involves domestic abuse or stalking behavior.
You may be able
to have filing and service fees waived if you are low income.
When you file your petition, ask how you can qualify.
Service representatives such as: victim/witness
or family violence specialists and domestic violence advocates
can provide support in obtaining a restraining order. They may
be able to help you file papers and attend court hearings with
you, but cannot speak for you in court.
If you need a Wisconsin family court lawyer to speak for you
in court regarding your Domestic Violence or Restraining Order
in Wisconsin, Call us today. We can help.
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A restraining order is a court order that prohibits
contact and/or certain behavior directed to the person needing
protection. It may be referred to as a civil order for protection,
a stay-away or no hit order, an injunction or a temporary restraining
order. They are different from bail or bond conditions, probation
rules or a 72-hour no contact as condition of arrest order.
Domestic abuse, child abuse, harassment and stalking are crimes
which impact people from all communities, cultural backgrounds
and economic levels. Restraining orders provide a civil remedy
victims can use to increase their safety and to hold the offender
accountable. It is possible to secure a civil order for protection
while an offender is being prosecuted in the criminal justice
system.
Respondents face a mandatory firearm surrender that
goes into effect when domestic abuse and child abuse final injunctions
are granted. The court may order the respondent of a harassment
injunction to surrender firearms if there is clear and convincing
evidence that the respondent may use firearms to harm another
or the public.
The person who asks for a restraining order is called a petitioner,
because they petition the court to order another person to stay
away from them or to stop hurting them. The person being asked
to stay away is called the respondent, because they have the
right to "respond" to the court as to what is said in the petition.
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Three types of restraining orders can be obtained
for a number of reasons. They are primarily defined by the relationship
that exists between the parties.
1. Domestic Abuse: If an adult has intentionally
caused you physical pain, injury or illness; has impaired your
physical condition; has made you the victim of any Wisconsin
sexual assault law; or threatened to harm you physically or sexually,
you may ask for a domestic abuse restraining order if one of
the following describes your relationship to the abuser.
you are related by blood or adoption; or
you are married or have been married to the person who has
abused you; or
you have a child in common with the person who abused you;
or
you have lived or are living with the person who abused you;
or
you are receiving in home or community care from the person
who has abused you; or
you are in (or were in) a dating relationship with the person
who has abused you; or
you are under the guardianship of the person who has abused
you, as defined by Wis. stat. 880.01(3).
2. Harassment: If a person attempts, threatens
or does strike, shove, kick or otherwise subject you to physical
contact; or repeatedly acts in a harassing or intimidating manner
toward you for no legitimate purpose, you may ask for a harassment
restraining order. Harassment orders are also obtained by victims
of stalking.
3. Child Abuse: If a child is physically injured
by other than accidental means, is a victim of sexual assault
or exploitation, or is permitted or forced to violate prostitution
laws, or is emotionally damaged by the behavior of an abusive
adult, the child, a parent, stepparent, or legal guardian may
ask for a child abuse restraining order on behalf of the child.
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