Do You Need An Injunction (Restraining Order)?
Are you in imminent danger of physical harm? Are you experiencing coercive, threatening, controlling, bullying, or harassing behaviors? If you answered yes to either question, it may be worthwhile to consult with a Wisconsin attorney on legal options to protect you and your family.
It can be helpful to speak with a trauma-informed attorney who is experienced in providing protections for those facing domestic violence, mistreatment, child abuse, bullying, and harassment. Such an attorney can listen to your circumstances and help you decide whether seeking an injunction is appropriate.
Understanding Wisconsin Injunctions
There are four types of injunctions in Wisconsin, covered in Chapter 813 of the Wisconsin Statutes: domestic abuse, child abuse, individual at risk, and harassment.
All injunctions follow a two-part procedure. The first step is to petition the court for a Temporary Restraining Order (called a “TRO”). The court will determine whether to grant or deny the Temporary Restraining Order, which is valid for 14 days. There is no court hearing associated with the Temporary Restraining Order.
The second step is the full injunction hearing. At this hearing, the parties will provide testimony, introduce exhibits, and can be cross-examined. Being denied a Temporary Restraining Order does not necessarily mean you cannot obtain an injunction. Likewise, the fact that a Temporary Restraining Order was granted does not guarantee that a final injunction will be issued.
The length and scope of the injunction will depend on which type of restraining order is being requested.
What Are The Benefits Of Obtaining A Restraining Order?
Injunctions can do more than just prohibit abusive behavior, proximity to a residence, or contact with the petitioner via phone, text, email, or social media. Injunctions can also include a variety of remedies ranging from a firearm surrender to retrieval of household pets. Full faith and credit applies to injunctions, which means that other states must honor and enforce the order.
Child Abuse Restraining Orders Are Unique
Special considerations exist for child abuse injunctions. For instance, a guardian ad litem will be appointed to the case to advocate for the child’s best interest. The guardian ad litem may determine an injunction is not in the child’s best interests, even if the child is requesting the injunction. Because these cases can involve questions of safety, parenting, and the child’s welfare, having a lawyer who understands both injunction proceedings and family law can be particularly valuable.
Other Considerations
Seeking an injunction can be an emotionally difficult process. Notably, you may need to face your abuser in court. Find support near you whether that’s through local organizations, counseling, or loved ones. It is important to find trusted professionals who are trauma-informed, understand the dynamics of abuse, and are well-equipped to handle these matters. Attorneys at The Law Center have extensive training on abuse and its effects on individuals and families to best assist you in obtaining the desired protections.
Do I Really Need an Attorney?
The Wisconsin court website offers self-help forms and guides for restraining orders. However, an attorney is recommended to help you make the best argument possible in court and to obtain the relief you are seeking. An attorney may help you determine which type of injunction is most appropriate for your situation, identify facts and evidence most relevant to your case, prepare pleadings and supporting documents, and effectively communicate with other legal professionals on the matter. Furthermore, an attorney can assist with procedural parts of obtaining an injunction, such as personal service. And finally, an attorney can help coordinate a restraining order case with a related family law case, like divorce or paternity.
You do not have to navigate this legal process alone. Contact The Law Center, S.C., to discuss your legal options regarding injunctions.
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