Restraining Orders

Paternity tests, child support, alimony payments, and property division are commonly disputed issues in a divorce and in family law. However, nothing in family law or divorce is as tragic as the serious problems that arise from domestic abuse and spousal abuse. In these cases, a restraining order or an injunction may be vital to securing each party’s right to a happy and healthy lifestyle. Wisconsin laws concerning restraining orders are common among the other 49 states. However, there are some key differences you should consider before filing or contesting such a serious court order.

If you are in an abusive relationship or have an ex-spouse who is constantly harassing you, a restraining order may become necessary in order to preserve your well-being, your livelihood, and the security of your children. Restraining orders and injunctions are court-issued mandates that prohibit one party from seeing or contacting the other party.

Domestic abuse and harassment, especially involving a child or spouse, is never OK, and victims should never be afraid to take legal action in court. The divorce attorneys at Bandle & Zaeske LLP can guide you through the restraining order process with the utmost care, protection, and expertise, as you would expect from a sympathetic family law firm.However, these orders have serious ramifications and should not be used strategically or to gain an advantage over the other spouse or parent.

In Wisconsin, a restraining order is often granted based on either repeated domestic abuse or other situations involving harassment. A person’s violent tendencies often do not just pop up overnight and may continue over the course of many years.  It’s never too late to take these serious issues to the courts. When the behavior is new and unexpected, it is sometimes even more important to seek immediate help.  In many cases, a spouse is just not sure how the other spouse will react to the filing of a divorce, and they fear they may need protection.  In fact, most are issued as part of a domestic abuse restraining order, which comes about when a spouse has physically hurt, injured, or threatened harm to them or another family member.

Obtaining a restraining order or injunction in Wisconsin is a two part process:

1. The required forms are completed and submitted to the court. The court will either grant or decline to issue a restraining order, based solely on that version of events. Most requests for temporary restraining orders are granted if the allegations appear reasonable.  The temporary restraining orders remain in effect for seven days, or until a full hearing occurs, usually within 14 days.

    

2. If, at the hearing, the accuser persuades the court that the abuse or threats most likely occurred, the court will grant a final injunction, or a long-term restraining order. This may affect the custody and placement arrangements between two parents. The injunction will stay in place for as long and the abuse victim requests, up to four years.
   
   
   

If the spouse or other parent violates the rules set forth in either the temporary restraining order of the injunction, an arrest warrant may be issued to the police, and other criminal penalties may be pursued if the terms of the restraining order or injunction were further broken.

The hearing will give both sides a chance to make a case for and against a permanent injunction. This is where having great legal representation becomes a vital part of the restraining order filing process. Bandle & Zaeske LLP is dedicated to making sure their clients see that justice is served in any cases of domestic violence, and receive the family support they need during and after appearing in front of the judge.

To learn more about domestic violence laws and how to file a restraining order in the state of Wisconsin, give the Milwaukee-based Bandle & Zaeske LLP family lawyers a call at (414) 359-1424 or submit a consultation form today. Domestic abuse is never OK, and stopping it is just the first step towards a healthy, happy life.