Restraining Orders

A restraining order (RO) is a legal document signed by a judge that is intended to keep one person away from another. Wisconsin offers four different kinds of restraining order: against domestic violence, against child abuse, against harassment, and for adults at risk.

An RO against domestic violence can only be requested by a person who is being abused by a current partner member of the household. If Person A requests an RO against Person B, Person B will not be able to enter Person A’s residence or workplace, or contact person A directly or through a third party (except an attorney). Person B may also be required to hand over any firearms they own to the police, and adhere to any other regulations that a judge deems necessary.

A temporary restraining order can be issued by a judge at anyone’s request without a trial or testimony for anyone. A person simply needs to fill out paperwork at a courthouse and convince a judge that she or he is in danger. A TRO lasts for up to fourteen days, and is intended to protect alleged abuse victims for the time leading up to the hearing for a final restraining order (FRO).

At the hearing, both the petitioner (the person requesting an RO) and the “respondent” (the person the RO will apply to) should be present. The petitioner will try to demonstrate that they or their children have been abused and need protection. If convinced, the judge will sign an FRO.

A final RO against domestic violence can last up to four years. ROs against child abuse or for at-risk adults can last up to two years, while those filed against harassment can last up to four years.

If you have received or been threatened with a restraining order, it is vital for you to have aggressive legal representation. Contact Milwaukee restraining order defense attorneys Hart Powell, S.C. at (414) 271-9595.