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Wisconsin Temporary Restraining Order and Notice of Injunction Hearing (Child Abuse)

Category:
Statewide - Circuit Court - Adoption
State:
Wisconsin
Control #:
WI-SKU-1225
Format:
Word
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Description

Temporary Restraining Order and Notice of Injunction Hearing (Child Abuse)

A Wisconsin Temporary Restraining Order and Notice of Injunction Hearing (Child Abuse) is a legal order issued by a Wisconsin court to protect the safety of a child who has been or is at risk of being the victim of abuse. The order can be issued by a judge without the accused person present, and requires that person to stay away from the child and/or other family members. It also prohibits the accused from accessing the child's school, daycare, or other child-related activities. There are three types of Wisconsin Temporary Restraining Order and Notice of Injunction Hearing (Child Abuse): Domestic Abuse Restraining Order, Domestic Abuse Injunction, and Harassment Injunction. The Domestic Abuse Restraining Order is issued when there is evidence of domestic abuse, which includes physical, sexual, emotional, or financial abuse. The Domestic Abuse Injunction is issued when the abuser has been convicted of a domestic abuse charge. The Harassment Injunction is issued when the accused has engaged in a course of conduct that has caused fear of physical injury or emotional distress to the child or family.

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FAQ

If an individual intentionally violates Wisconsin's no-contact law, he or she may face up to 9 months in jail or a $10,000 fine, or both.

(a) A judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par.

Simply violating the terms of an injunction or a temporary restraining order is a misdemeanor. The maximum punishment for this crime is 9 months in jail, a $1,000.00 fine, or both. The punishments for domestic abuse, child abuse, vulnerable adult, and harassment temporary restraining orders/injunctions are the same.

Whoever intentionally violates a temporary restraining order or injunction issued under this section shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.

An "injunction" is a term used in Wisconsin to refer to a restraining order that lasts for a longer period of time than the TRO. Injunctions are usually ordered to last two to four years, but can last up to 10 years depending on the facts of the case.

Restraining orders between adults are public record, however, the only information available online is the filing of a restraining order, the type of restraining order requested, and whether or not the restraining order was issued or dismissed.

The temporary order lasts for 14 days or until the full court hearing and it can be extended once for 14 days if the respondent could not be served or if the parties consent. A final domestic abuse restraining order, also called an injunction, will last for up to four years.

Restraining orders between adults are public record, however, the only information available online is the filing of a restraining order, the type of restraining order requested, and whether or not the restraining order was issued or dismissed.

More info

A restraining order, also known as a protective order, is a court order that prevents an abuser from contacting their victim or coming near them. And Notice of Injunction Hearing.(Child Abuse - 30710). When is a temporary restraining order (TRO) in a custody case appropriate? Could a protective order be better for the child than a TRO? Also, the Wisconsin Court System website offers self-help assistance on filing a restraining order. Harassment Injunction. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service 800-362-9082 for additional assistance. Can I Ask for Custody of or Visitation with My Children? When Will I See the Judge?

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