Wisconsin Temporary Restraining Order

Sad LadyIf you or your children are victims of an abusive spouse and are seeking protection as you exit the relationship, you may want to apply for a domestic abuse restraining order. In matters of divorce, an experienced family law attorney can help you file and obtain a restraining order and assist you with issues related to restraining orders such as domestic abuse or child abuse, custody and placement issues, problems with a spouse’s drug and alcohol abuse, harassment and safety concerns.

A restraining order can require an abuser to stay away from you and your child. When you file, a family court commissioner will meet with you as the petitioner to determine if there is probable cause for a restraining order to be granted. If so, a temporary order may be granted until a hearing can be held to determine if an injunction is appropriate.

Do I Need an Attorney at a Restraining Order Hearing?

Approximately 2 weeks after a temporary restraining order (TRO) is issued, both parties will appear at the hearing. The process involves both parties coming before a judge to provide testimony to corroborate their side of the issue. You do not need a lawyer to file for a protection order or to appear at the hearing, but if at all possible, it is a good idea to have an attorney represent you as they can make arguments before the court on your behalf. At the conclusion of the hearing a judge will decide whether to grant an injunction or dismiss the restraining order.

What If I Have Been Served With a Temporary Restraining Order?

Read the TRO carefully and obey it. Talk to a lawyer right away regarding your legal rights. Attend the hearing as directed, preferably with legal representation. Failure to obey the order or attend the hearing can result in negative consequences. A TRO can impact child custody and visitation determinations so it is important to understand your rights.

Wisconsin Temporary Restraining Order Lawyers

If you need help regarding a temporary restraining order, a protective order or termination of child custody, do not hesitate to contact the Waukesha Wisconsin family law offices of Jane E. Probst for help at 414-210-3135.