Process of obtaining a restraining order in Wisconsin

When people need domestic abuse restraining orders in Wisconsin, there is a specific procedure for them to go about doing so. The first step is to get the appropriate paperwork from the court. Reviewing it and filling it out carefully and completely is vital.

When completing the form, the person filing is the petitioner. If the abuser does not know where the petitioner lives, the petitioner should tell the clerk if the address should be protected before listing a street address. The paperwork will request information about the most recent abuse incident, which should be filled out in a manner that helps the judge understand why an order is needed. The petitioner will then file the paperwork with the court. The judge will review the paperwork and, if the judge believes a restraining order is warranted, the court will issue a temporary restraining order and provide a hearing date.

The petitioner will then need to have a copy of the paperwork served on the other party. Most people use a process server from the Sheriff’s department. The process server will provide an affidavit of service to the petitioner which will need to be filed in the court. The case will proceed to the scheduled hearing, at which time both the petitioner and the respondent will be able to present evidence regarding the restraining order application. If the petitioner prevails, the court will then issue a domestic abuse restraining order that may last for as long as four years.

Domestic abuse restraining orders can help by providing certain protections to people who are victims of abuse. Those who have family law issues that include ongoing domestic violence may want to seek the help of an attorney for guidance throughout the process.

Source: Women’s Law, “The steps for getting a restraining order“, January 07, 2015