KEEP AWAY …. NO REALLY KEEP AWAY!!!
If you believe that your safety is being threatened or you are suffering harassment from another person, you may be eligible for a restraining order. Restraining orders can help victims of domestic abuse and other types of harassment have a sense of security and give them the space they need to take legal action against their abusers.
There are five types of restraining orders in Wisconsin.
1. Harassment injunction
2. Domestic Abuse injunction
3. Child Abuse injunction
4. Individual at Risk
5. Juvenile Harassment
Harassment and Domestic Abuse Restraining Orders
Harassment and domestic abuse restraining orders are two of the most common restraining orders. Each is used for a different purpose.
A harassment restraining order can be brought against anyone who engages specific conduct. The conduct includes:
Physical contact such as striking, shoving, kicking, or threats thereof.
Repeated acts of harassment or intimation that serve no purpose.
A domestic abuse restraining order can only be sought by certain people:
A person related by blood or adoption to you such as a spouse, former spouse, child or parent;
An individual who lives or used to live with you;
The parent of your child;
A person who provides in-home or community care for you; and
A person you are dating or have dated.
A domestic abuse restraining order will be issued if there was an intentional infliction of personal injury or threat of harm. An order will also be issued for damage to personal property or sexual conduct without consent.
Procedure for Filing a Restraining Order
Through an attorney, a temporary restraining order petition can be filed first. The court will then review the petition and decide if a temporary restraining order is appropriate. The court will grant the order if it is shown through facts that the person seeking the order is in imminent danger of physical harm. If it is granted, the court will also order a hearing to be held in 14 days to determine if a permanent restraining order, which is called an injunction, should be ordered.
The process is set up this way so that someone who feels threatened can get an order quickly, and the person the order is against will have a hearing date in which evidence can be presented as to why the order is not necessary.
If you have questions or are in need of any legal help, contact us today. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
