What You Need to Know About Getting a Restraining Order

A restraining order, also known as a protective order, is an enforceable court document which orders someone not to harm you, to stay away from you, move out of the house, have no contact with you, or stop harassing you. Although most of these orders are used to protect abused spouses and exes from their abusers, they may be used to keep stalkers away as well.

How to Obtain a Restraining Order in Wisconsin

You begin the process by requesting papers for a temporary restraining order (TRO), known as the “petition.” The individual completing the petition is called the “petitioner,” while the person being filed against is called the “respondent.”

Once the TRO petition is filed, the court determines whether or not to issue a TRO based on the information the petitioner provides in the petition. If the court grants the TRO, the judge will schedule an “injunction hearing” for the petitioner to return to court within 14 days.

At that hearing, the petitioner will ask the court to order a final order of protection, known as an “injunction.” An injunction can be granted for up to two years for child abuse, and a maximum four years for domestic abuse, harassment, and being at risk.

Who May Apply for a Protective Order?

Any person, or parent, stepparent or guardian of a child victim.

Penalty for Violation of an Order in Wisconsin

If an individual knowingly violates a restraining order in Wisconsin, he or she faces a maximum jail sentence of nine months and a fine of up to $1,000. Additionally, a convicted person may be potentially subject to GPS tracking.

If you are interested in filing a restraining order or getting one lifted, request a consultation with our Madison family lawyers at Balisle Family Law Counsel, S.C. today.

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