Milwaukee Restraining Order Attorney

Criminal Defense Perspective. Personal Attention. Both Sides of the Order.

When a restraining order matter arises, the stakes are immediate. At The Law Offices of Jason D. Baltz, I represent individuals seeking an order for protection and individuals who have had an order filed against them or who face violation allegations. Because restraining order violations are criminal offenses under Wisconsin law, my criminal defense background applies directly to both the injunction hearing and any related criminal proceedings that follow.

Petitioners need prompt, effective representation at the injunction hearing. Respondents must comply with the order from the moment it is served or face criminal charges. My firm is a small practice, which means I personally handle each client’s matter from start to finish, with no delegation to junior associates. If you need a restraining order attorney in Milwaukee, call my office at (414) 375-0797 to schedule a confidential consultation.

Wisconsin Restraining Order Laws

A restraining order, also known as an injunction, is a court order signed by a judge requiring an individual who has committed domestic abuse or harassment to stop the abusive conduct or face legal consequences. A domestic abuse restraining order may also require the abuser to stay away from your residence, prohibit all contact except through an attorney or law enforcement officer, and require surrender of any firearms.

Types of Wisconsin Restraining Orders

Wisconsin law recognizes four types of restraining orders under Chapter 813 of the Wisconsin Statutes: domestic abuse, harassment, child abuse, and individual at risk. The basis for an individual at risk order may include physical, emotional, or sexual abuse, financial exploitation, stalking, neglect, unreasonable confinement, treatment without consent, or mistreatment of an animal. A harassment restraining order can be filed against anyone regardless of their relationship to the petitioner and covers physical contact, sexual assault, stalking, and any repeated course of conduct intended to harass or intimidate with no legitimate purpose.

Filing fees vary by order type. Domestic abuse, child abuse, and individual at risk petitions carry no filing fee. Harassment petitions carry a fee of approximately $164.50 plus service fees, unless the alleged conduct includes stalking or domestic abuse behaviors. Courts may waive fees for those who can’t afford them.

How Long Does a Restraining Order Last in Wisconsin?

If an injunction is granted, it lasts up to four years for domestic abuse, harassment, and individual at risk orders, or up to two years for child abuse orders. A harassment injunction may extend to 10 years when the court finds a substantial risk that the respondent may commit first- or second-degree intentional homicide or sexual assault against the petitioner. Injunctions can be appealed if denied.

How to File for a Restraining Order in Wisconsin

Victims of domestic abuse or harassment can request a temporary restraining order (TRO) against the alleged abuser. A petitioner filing a restraining order submits a petition with the Clerk of Circuit Court in the county where the abuse or harassment occurred or where either party resides. Milwaukee-area residents file in Milwaukee County Circuit Court. The court may grant a TRO on an ex parte basis, meaning without a hearing and without notifying the respondent, if reasonable grounds exist to believe abuse or harassment has occurred or is imminent. If granted, the TRO remains in effect until the injunction hearing, which is generally scheduled within 14 days.

The injunction hearing is a formal proceeding where sworn testimony is taken and the rules of evidence apply. Both sides have the opportunity to present their evidence, and the court determines whether to issue a final injunction.

Defending Against a Restraining Order in Milwaukee

A TRO is frequently granted ex parte, meaning the respondent isn’t present and has no opportunity to respond before the order takes effect. The injunction hearing is the respondent’s first and most important opportunity to present a defense. Because sworn testimony is taken and the rules of evidence apply, walking into that hearing without a restraining order lawyer in Milwaukee can put you at a serious disadvantage.

I represent respondents who have been served with a TRO or notice of an injunction hearing. A restraining order can immediately restrict where you live, who you may contact, your ability to possess firearms, and your standing in child placement or custody matters. False or exaggerated allegations do occur, and a respondent who doesn’t mount a prompt legal defense risks a permanent order and long-term consequences without ever having had a real opportunity to tell their side.

I also defend clients accused of violating a restraining order, which triggers a separate criminal proceeding in Wisconsin. Having handled hundreds of criminal cases, I bring a criminal defense perspective to the formal evidentiary hearing and to any violation charges that follow. I investigate the specific facts of each case, gather evidence, and build a defense tailored to the client’s circumstances. If an order has already been issued, it may be possible to appeal the decision or petition to modify or vacate it.

Consequences of Violating a Restraining Order in Wisconsin

Once a restraining order is in place, violating its terms carries serious legal consequences that extend well beyond the immediate charge.

• Criminal penalties: Violating a restraining order is a criminal offense in Wisconsin. A conviction can result in fines up to $10,000 for domestic abuse injunction violations and/or imprisonment for up to nine months.
• Impact on divorce and custody proceedings: A violation can be used against you in ongoing divorce or custody proceedings as evidence of disregard for court orders, which can affect placement and custody outcomes.
• Permanent criminal record: A conviction results in a criminal record that can affect your ability to secure employment, housing, and custody of your children.

I defend clients accused of restraining order violations in Milwaukee and the surrounding counties. Contact me for a confidential consultation to discuss your situation.

Why Hire Me as Your Restraining Order Attorney in Milwaukee

I handle restraining order matters for petitioners seeking protection and for respondents defending against an order or violation charge. My criminal defense background gives me a perspective many family law practitioners don’t bring to these cases, and it matters because the injunction hearing is a formal evidentiary proceeding and restraining order violations are prosecuted as crimes.

Because my firm is small, I give each client direct, personal attention throughout their matter. I don’t apply a generic strategy. I take time to understand the specific facts of your situation and work to build the strongest possible case. I handle restraining order matters at a reasonable price and with the individual attention the circumstances require.