Restraining Order

Domestic Abuse & Restraining Order Milwaukee Divorce Lawyer

At Gamino Law Offices, LLC, our Wisconsin attorneys have experience handling domestic abuse situations in different environments, from divorce court to criminal court. Consequently, every lawyer in our Wisconsin law firm understands domestic abuse is a multifaceted issue. Therefore, if your relationship involves allegations of domestic violence, we have a compassionate Milwaukee divorce lawyer who will fight to protect you. Specifically, every Wisconsin attorney at our Milwaukee based law firm represents clients in cases involving domestic abuse. We protect you from domestic violence, whether that means to petition or defend against an injunction or restraining order. In summary, all our Milwaukee divorce attorneys dedicate their work to keep men, women, children, and families safe from domestic violence or other harassment or abuse.

Wisconsin Divorce Attorneys Dedicated to Protecting Your Family from Domestic Violence

Temporary restraining orders and permanent injunctions can provide significant protection to those people subject to abuse by a spouse, parent, boyfriend, girlfriend, or another individual. However, restraining orders pursued without merit can also be very harmful. In particular, a restraining order causes harm when used to gain an unfair advantage in a divorce or child custody or placement matter.

Indeed, our Wisconsin divorce attorneys have successfully pursued and defended against the issuance of restraining orders and injunctions. When someone is being threatened or abused, or is facing accusations of abuse, we take action in Wisconsin courts. Further, our Milwaukee family lawyers understand that everyone’s situation is different. With this in mind, you need to find the best Wisconsin divorce lawyer for your case. However, no one deserves violence or abuse. Therefore, we have a divorce attorney in Milwaukee prepared to fight to protect our clients and their families safe from harm and the stigma of domestic violence anywhere in Wisconsin.

 FAQ on Wisconsin restraining orders

• What is a restraining order?
• What kinds of restraining orders are available in Wisconsin?
• How long is a restraining order valid in Wisconsin?

Guide to Restraining Orders and Domestic Violence in WI

What is a restraining order?

A restraining order is a court order that specifically prohibits behavior or contact by the person against whom the restraining order is granted. 

What kinds of restraining orders are available in Wisconsin?

​Domestic Abuse Restraining Orders

A Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse) may generally be requested by a victim if any of the following occurred: an adult has

• intentionally caused physical pain, injury or illness to him or her
• impaired his or her physical condition
• sexually abused him or her
• threatened to physically or sexually harm him or her

and when the victim has one of the following relationships with the abuser: the victim

• is related to the abuser by blood
• has been married to the person who abused them
• has a child together with the abuser
• lived together with the abuser, are living together, or are dating
• receives in-home or community care from the person who abused them
• is under the guardianship of the person who abused them
• is under guardianship and the petitioner is the guardian of the person being abused by someone meeting those criteria

You can find the Wisconsin form to petition for a temporary restraining order or a domestic abuse injunction hearing, for instance, in the Wisconsin forms bank here. You can also ask your Milwaukee divorce lawyer to help you.

Harassment

A ​Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment) may generally be requested on by a victim or on behalf of a victim of harassment.  Harassment means any of the following:

• striking
• shoving
• kicking
• otherwise subjecting a person to physical contact
• attempting or threatening to subject a person to physical contact
• engaging in, threatening, or attempting to engage in: an act of
  • child abuse
  • sexual assault
  • stalking
• engaging in a course of conduct or repeatedly committing acts which harass or intimidate another and which serves no legitimate purpose.

In conclusion, if you are being harassed and haven’t been able to make it stop on your own, a Wisconsin harassment injunction may help. You can obtain harassment injunction forms here, or our Milwaukee family attorney can also help.

Individuals at Risk

A Petition for Temporary Restraining Order and/or Injunction (Individual at Risk) may generally be filed by, or on behalf of, an individual at risk. An individual at risk is defined as any of the following:

• an adult who has a physical or mental condition that substantially impairs his/her ability to care for his/her needs,
• is a person age 60 or older, and who has experienced, is experiencing or is at risk of experiencing any of the following:
  • ​physical abuse
  • emotional abuse
  • sexual abuse
  • treatment without consent
  • unreasonable confinement or restraint
  • neglect
  • self-neglect
  • financial exploitation by someone who has, or may, interfere with an investigation, delivery of services or protective services or placement.

The state specifically tasked adult protective services with investigating allegations of abuse or neglect of individuals at risk. However, if you or a loved one needs a lawyer to protect yourself when allegations of abuse or neglect are present, our Milwaukee family lawyers are experienced working with issues affecting vulnerable populations anywhere in Wisconsin. In fact, any Milwaukee divorce lawyer at our firm can help you with a restraining order for an individual at risk.

Child Abuse

​If you are concerned for the welfare of a child and are considering or defending a child abuse restraining order we suggest you contact a family lawyer in Wisconsin to be sure of your options. However, you can find a Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse) here.

Who can file a restraining order based on child abuse in Wisconsin? A child abuse injunction may generally be filed by any of the following people:

• the child
• parent
• stepparent
• legal guardian
• guardian-ad-litem

Under what circumstances might it be appropriate to seek a child abuse based injunction in Wisconsin? It could be appropriate to file a child abuse restraining order on behalf of a child who has been victimized in any of the following ways:

• had physical injury inflicted upon him or her by other than accidental means
• sexual intercourse, or sexual contact, or been sexually exploited
• been permitted, allowed, or encouraged to violate prostitution laws
• forced to view sexually explicit activity
• exposure of genital or public areas
• suffered emotional damage.

How long are restraining orders and injunctions valid in Wisconsin?

The chart below details how long a judge may order each type of restraining order or injunction to last in Wisconsin. If someone requests a temporary restraining order, the temporary restraining orders can only last up to 90 days. However, when someone seeks a longer restraining order, it may result in a temporary restraining order that only lasts until the formal final hearing on the petition for the injunction itself.

• Temporary Restraining Orders – last up to 90 days
• Domestic abuse based
  • Temporary restraining order
    • lasts up to 14 days, until the final hearing,
    • can also be extended for 14 more days under certain circumstances.
  • Injunction
    • lasts up to 4 years,
    • can also be extended for 4 more.
• ​Harassment based
  • Temporary restraining order
    • lasts up to 14 days, until the final hearing
    • can also be extended for 14 more days under certain circumstances.
  • Injunction lasts up to 4 years.
• Individuals at Risk
  • Temporary restraining order
    • lasts up to 14 days, until the final hearing,
    • can also be extended for 14 more days under certain circumstances.
  • Injunction
    • lasts up to 4 years
    • can also be extended for up to 2 more years.
• ​Child Abuse
  • Temporary restraining order
    • lasts up to 14 days, until the final hearing
    • can also be extended for 14 more days under certain circumstances.
  • Injunction
    • lasts up to 2 years
    • can also be extended for 2 more years or until the child victim turns age 18, whichever comes first.

Additional resources for victims of sexual abuse and domestic violence:

To sum up, if you are in an abusive relationship, please seek help. To that end, we’ve compiled a list of resources for victims of sexual abuse or domestic violence in Wisconsin. Call any of the following agencies for more information on their programs or options:

National Domestic Violence Hotline: 1-800-799-SAFE

National Sexual Assault Hotline: 1-800-656-HOPE

Wisconsin Coalition Against Domestic Violence: 1-608-255-0539

Wisconsin Coalition Against Sexual Assault: 1-608-257-1516

​Sojourner Family Peace Center (Milwaukee): 1-414-276-1911

Sojourner Truth House (Milwaukee): 1-414-933-2722

Task Force on Family Violence (Milwaukee): 1-414-276-1911

UMOS Latina Resource Center (Milwaukee): 1-414-389-6500

Hope House (Milwaukee): 1-414-645-2122

Family Support Center (Milwaukee): 1-414-385-0854

Women’s Crisis Line/Milwaukee Women’s Center: 1-414-671-6140

Pathfinders Youth Shelter (Milwaukee): 1-414-271-1560

Guest House (Milwaukee): 1-414-345-3240

The Cathedral Center (Milwaukee): 1-414-831-0394

Salvation Army Emergency Lodge (Milwaukee): 1-414-265-6360

Joy House (Milwaukee): 1-414-344-3774

Safe Harbor (Milwaukee): 1-414-935-0200

Casa Maria (Milwaukee): 1-414-344-5745

La Causa (Milwaukee): 1-414-902-1500

Daystar (Milwaukee): 1-414-385-0334

People Against Domestic Abuse (Jefferson): 1-800-228-7232

WoMen and Children’s Horizons/Pathways of Courage (Kenosha): 1-800-594-5272

Advocates of Ozaukee (Ozaukee County): 1-877-375-4034

Women’s Resource Center (Racine): 1-262-633-3274

Association for the Prevention of Family Violence (Walworth): 1-262-723-8367

Friends of Abused Families (Washington County): 1-262-334-7298

The Women’s Center Inc. (Waukesha): 1-888-542-3828

Finally, we offer a free initial consultation with a dedicated Milwaukee, Wisconsin divorce lawyer or family law attorneys doing their best to help with your restraining order concerns in Wisconsin. Contact us at our family law firm in Milwaukee, Wisconsin.