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Restraining Orders

Milwaukee Restraining Order Attorney

Wisconsin Restraining Order Laws

A restraining order, also known as an injunction, is a court order signed by a judge ordering an individual who has committed domestic abuse or harassment to stop his or her abusive actions or face legal consequences. A domestic abuse restraining order may also order that the abuser stay away from your residence and may prohibit him or her from contacting you in any way, except through an attorney or a law enforcement officer. The abuser may be ordered to turn over any firearms and be prevented from owning them. You may also receive any other relief that the court decides is necessary for your protection.

Types of Wisconsin Restraining Orders

Under Wisconsin law, there are four types of restraining orders which may be issued for the protection of an individual or child. They are domestic abuse, harassment, child abuse, and individual at risk restraining orders. The basis for an individual at risk restraining order may be physical, emotional, or sexual abuse, financial exploitation, stalking, neglect, unreasonable confinement or restraint, treatment without consent, and mistreatment of an animal.

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. Granting a TRO is done ex parte, which means without a hearing. If the court or judge grants the TRO, the order is valid until the injunction hearing, which is generally within 14 days.

At the injunction hearing, the victim can ask the court for a final order of protection or injunction. Both sides have the opportunity to present their evidence. If an injunction is granted, the order lasts up to four years for domestic abuse, harassment, and individuals at risk, or up to two years for child abuse.

Understanding the Consequences of Violating a Restraining Order

Once a restraining order is in place, it is crucial to understand the serious consequences that can result from violating its terms. Violating a restraining order is a criminal offense and can lead to severe penalties, including fines, jail time, and a permanent criminal record.

Here are some important points to consider:

  • Legal ramifications: Violating a restraining order is a criminal offense in Wisconsin, and the court takes these violations very seriously. If you are found guilty of violating a restraining order, you may face fines of up to $10,000 and/or imprisonment for up to nine months.
  • Impact on future legal proceedings: A violation of a restraining order can have a significant impact on any ongoing legal proceedings, such as divorce or child custody cases. It can be used against you as evidence of your disregard for the court's orders and may negatively affect your chances of obtaining a favorable outcome.
  • Long-term consequences: A conviction for violating a restraining order can result in a permanent criminal record, which can have far-reaching consequences for your personal and professional life. It may affect your ability to secure employment, housing, or even custody of your children.

At The Law Offices of Jason D. Baltz, we understand the gravity of restraining order violations and the potential impact on our clients' lives. Our experienced Milwaukee restraining order attorneys are dedicated to providing aggressive representation to protect your rights and fight for the best possible outcome. Contact us today for a confidential consultation.

Hire a Lawyer for Restraining Order Guidance and Advice

If you need legal assistance with a restraining order or with a matter connected to a restraining order in the Milwaukee area, please contact me for a consultation about your situation. At the Law Offices of Jason D. Baltz, I can help you in obtaining a restraining order in a domestic abuse or harassment case.

I can also provide assistance as a lawyer for restraining order cases in which individuals who have had a restraining order placed against them, or individuals who have violated restraining orders. Because my criminal defense firm is a small, intimate one, I can offer personalized attention to your restraining order issue and do so at a reasonable price. This way you receive the individual time, attention & effort that you deserve. I understand the difficulty of such situations for all parties involved and I offer confidential and practical guidance and legal service in these matters.

I serve the greater Milwaukee area as well as the counties of Waukesha, Racine, Kenosha, Walworth, Jefferson, Dane, and Ozaukee. Call my office at (414) 375-0797 today to discuss your legal options with a qualified restraining order attorney.

Commonly Asked Questions

What is a restraining order?

A restraining order, also known as an injunction, is a court order signed by a judge ordering an individual who has committed domestic abuse or harassment to stop his or her abusive actions or face legal consequences.

What does a domestic abuse restraining order do?

A domestic abuse restraining order may order the abuser to stay away from your residence and prohibit him or her from contacting you in any way, except through an attorney or a law enforcement officer. It may also require the abuser to turn over any firearms and be prevented from owning them.

What are the types of restraining orders in Wisconsin?

Under Wisconsin law, there are four types of restraining orders: domestic abuse, harassment, child abuse, and individual at risk restraining orders. These orders can provide protection against various forms of abuse, exploitation, stalking, neglect, and mistreatment.

How can I file for a restraining order in Wisconsin?

Victims of domestic abuse or harassment can request a temporary restraining order (TRO) against the alleged abuser. The TRO is granted without a hearing and is valid until the injunction hearing, which is generally within 14 days. At the injunction hearing, the victim can ask for a final order of protection or injunction.

How long does a restraining order last in Wisconsin?

If an injunction is granted, the restraining order can last up to four years for domestic abuse, harassment, and individuals at risk, or up to two years for child abuse.

Do I need a lawyer for a restraining order?

While it is not required to have a lawyer for a restraining order, it is highly recommended to seek legal assistance. A lawyer can provide guidance and advice throughout the process, ensuring your rights are protected and helping you present your case effectively.

Why Choose The Law Offices of Jason D. Baltz?

  • Strong & Proven Litigation Skills
  • Counsel Backed by Genuine Care
  • Thorough & Personalized Attention
  • Free Initial Consultations
  • 24/7 Availability
  • Two Decades of Legal Experience
  • “Attorney Baltz has been first rate with me since day one.”
    “He is professional, personable, and most importantly knowledgeable about the law. He went above and beyond in answering all of my questions and I count myself fortunate to have him in my corner.”
    - Pat J.
  • “Jason is an AMAZING attorney.”
    “Very reasonable and nice guy. Understanding of any situation, and I highly recommend him.”
    - Ricardo C.
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    “He was my angel through everything. Strong communication skills and extremely dedicated to making sure I was taken care of. It was my first offense and I was so scared. I absolutely owe him my life.”
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    A lawyer with a good heart. Our family attorney.
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