Wisconsin law is designed to protect people from harm – and domestic violence is no exception. The law allows for people to get what’s called a restraining order against an abusive spouse or another person, and you may be able to ask the court for one in your case.
What is a Restraining Order?
A restraining order is a signed order from a judge that prevents someone from doing something. In a domestic abuse case, a restraining order would prohibit your spouse or significant other from engaging in certain behaviors or contacting you.
Can You Only Get a Restraining Order if You’re Divorcing?
You can get a restraining order against someone who is abusing you or putting you in danger – whether or not you divorce is a separate matter. Spouses can get a domestic abuse restraining order, but you don’t have to be married; you can be in one of the following relationships instead:
- Blood relations
- Sharing a child
- Living together (now or in the past)
The 4 Types of Restraining Orders
There are four main types of restraining orders available in Wisconsin:
- Domestic abuse
- Individuals at risk
- Child abuse
In a domestic abuse situation, you could be eligible to file a petition for a temporary restraining order or a petition and motion for injunction hearing if an adult has:
- Intentionally caused you physical pain, injury or illness
- Impaired your physical condition
- Sexually abused you
- Threatened to physically or sexually harm you
How Long Do Restraining Orders Last?
Restraining orders can be temporary and last for just a couple of weeks (until a final hearing). At the final hearing, a judge can order an injunction, which can last for up to 4 years. In some cases, you can ask the judge to extend an injunction past the initial time period, too.
Do You Need to Talk to a Milwaukee Lawyer About a Restraining Order?
If you’ve been threatened or harmed and need to get a restraining order against your spouse or significant other, we may be able to help you.
Call us at 414-383-6700 to talk to a caring, compassionate Milwaukee family law attorney right now. During your free consultation, we’ll answer your questions and help you make the right choices for your future.