A Wisconsin Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse) is a court action taken by a person who is a victim of domestic abuse. The petitioner may file a petition to obtain a temporary restraining order (TO) that orders the abuser to take certain actions, such as stay away from the petitioner or refrain from abusing the petitioner or others. The petitioner may also file a motion for an injunction hearing. This hearing allows the petitioner to present evidence of abuse and ask the court to enter a restraining order that will remain in effect for a certain period of time. There are two types of Wisconsin Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse): 1. Domestic Abuse Injunction: This is a court order that prohibits a respondent from engaging in certain acts of abuse, such as physical violence, threats of violence, harassment, or stalking. 2. Domestic Abuse Restraining Order: This is a court order that requires the respondent to stay away from the petitioner and/or other people or places, such as the petitioner's home, workplace, children's schools, or other places the petitioner frequents.
Wisconsin Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse)
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FAQ
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.
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.
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.
You would simply contact the Clerk of Courts of the county in which you filed and inform the court that you wish to dismiss your Petition requesting a restraining order and ask that the court remove the hearing. The court will also dismiss your Petition if you fail to appear for the hearing.
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.