A Wisconsin Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse) is a legal document filed with the Wisconsin Circuit Court to request an immediate court order that requires certain individuals to stop certain behaviors that are either currently occurring or are in imminent danger of occurring. This includes restraining orders related to child abuse, which are designed to protect a child from further abuse, neglect, or exploitation. This type of restraining order can be requested by a parent, legal guardian, or a government agency that is charged with protecting children. There are two types of Wisconsin Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse): 1. Petition for Temporary Restraining Order (TO): This type of petition is used to request immediate protection from abuse or neglect of a child that is currently occurring or is in imminent danger of occurring. The TO is meant to be a temporary solution that can be put in place pending a full hearing on the matter. 2. Petition and Motion for Injunction Hearing: This type of petition is used to request a full hearing on the matter in order to determine whether a permanent injunction should be put in place. The petition and motion can be used to request an injunction hearing in order to determine the best interests of a child and decide if a permanent injunction is necessary.
Wisconsin Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse)
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FAQ
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.
At that hearing you will ask the court to order a final order of protection, which is called an injunction. An injunction can be granted for up to 2 years for child abuse, and up to 4 years for domestic abuse, harassment, and individuals at risk.
For instance, Wisconsin's no-contact law dictates that an arrested individual must avoid an alleged victim's residence as well as ?any premises temporarily occupied? by the alleged victim.
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.
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.
What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case.Irreparable harm.Balancing the equities.Public interest.
813.02 Annotation The purpose of a temporary injunction is to maintain the status quo, not to change the position of the parties, compel acts that constitute the ultimate relief sought, or craft a remedy that the court believes to be equitable.