Wisconsin Temporary Restraining Order

If 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.