When there are issues of domestic abuse in a divorce, a victim may wish to get a court order to stop an estranged spouse from contacting them. Although the terms ‘restraining order’ and ‘court ordered injection’ are used interchangeably, a restraining order is typically granted temporarily until a future hearing is held to determine if a court ordered injunction is needed.
“An injunction is a court order that orders a party to refrain from committing certain acts or doing certain things for a defined period of time.
What is the Difference Between a Domestic Abuse and Harassment Injunction?
A domestic abuse injunction may be ordered when a former or current spouse, a former or current dating relationship, or an adult with whom the person has a child in common, is intentionally or threatening to inflict physical pain, injury or illness, impair their physical condition, sexually assault, stalk, or damage property.
A harassment injunction, on the other hand, is typically filed against someone “outside of the family sphere that a victim is not in a relationship with”. However, if an ex-spouse is strictly engaging in harassing behavior – not abuse – a harassment injunction can be pursued to stop an ex-spouse from harassing an ex-spouse or partner.
It really boils down to what is going on. Someone seeking a domestic abuse injunction often fears for their physical safety from someone they were in a relationship with such as an ex-spouse or partner. A harassment injunction is often sought when an ex-spouse or partner is strictly making harassing phone calls or sending unwanted texts or emails for no legitimate purpose despite being asked to stop.
What Behavior Can a Restraining Order or Domestic Abuse Injunction Stop?
A restraining order or domestic abuse injunction can order an abusive ex-spouse or partner to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner’s residence, or any other location temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party’s attorney or a law enforcement officer to contact the petitioner unless the petitioner consents in writing. The terms of the restraining order and injunction can also extend to children.
Contact an Experienced Wisconsin Restraining Order Attorney Today
When you have questions regarding Wisconsin restraining orders and domestic abuse injunctions, contact the Wisconsin Family Law attorneys at Probst Law Offices for immediate assistance at 414-210-3135.