Restraining orders and relocation to Wisconsin

When people who have a domestic violence restraining order in another state against their abuser move to Wisconsin, they often wonder if it will still be effective in the new state. While the short answer is yes, it may take longer for law enforcement to determine the restraining order’s validity when investigating allegations of violations of it.

For that reason, some people who are protected by a restraining order may wish to consider registering it in Wisconsin. By doing so, in the event that it is violated, law enforcement will quickly be able to determine that it is unexpired and still in force, as it will come up in Wisconsin’s database of restraining orders upon a search.

Disadvantages to registering another state’s restraining order include that the abuser may be notified that the restraining order has been registered in Wisconsin. For some domestic violence victims, the other person’s knowing where they are can be problematic and so they may wish not to register the order. Whether the existing order is registered or not, officers may be able to locate the other state’s order by checking the national registry.

Domestic violence victims who are under the protection of a restraining order may want to discuss whether to register the order in Wisconsin or not with an attorney who is familiar with such family law issues. Domestic violence victims may wish to get a Wisconsin-issued domestic violence restraining order in some cases. Officers can only arrest people for violating orders that they know are current and still valid. There is no correct answer that can be applied in every case, and the individual circumstances of the abuse victim should be carefully considered. Also important is the other person’s history and whether he or she has previously attempted to locate the victim.

Source: Women’s Law, “What are the advantages and disadvantages of registering my restraining order in another state?“, December 31, 2014