Wisconsin Domestic Violence Attorneys
What happens when a client calls and reports that she is afraid of her spouse?
Whether you are accused of Domestic Violence or need to obtain protection, you need experience legal assistance.
What happens when a client calls and reports that he or she is afraid of their spouse?
This call is an emergency call for help. A client who is truly afraid should go the police or see an attorney as soon as possible to determine if her complaints constitute domestic violence under the law and to make sure that she is safe.
How does the law define Domestic Violence in Wisconsin?
Domestic violence includes acts and threats of assault, battery, coercion, harassment and stalking, in other words, verbal and emotional abuse, as well as physical violence. The fact that someone is not actually being hit does not mean there is no abuse occurring. The abuser may be intimidating a partner or spouse by forcing them to do things against their will, or by preventing them from doing things they would like to do.
Do all Domestic Violence cases in Wisconsin involve men abusing women?
Domestic Violence occurs in many settings, including spouses, roommates, lovers, parents and children, even siblings. Sometimes it is women against women, men against men, or even women against me.
What is a Temporary Restraining Order?
After the victim asks the court for protection, a judge may issue an order without a hearing, which is referred to as a Temporary Restraining Order. The judge may only do so if the judge finds that there is an immediate and present danger to the petitioner. The Order remains in place only until a full hearing involving both parties can be held, usually within 15 days.
What temporary relief may be ordered at this time?
- Restraining the respondent (the abuser) from abusing, threatening to abuse, molesting, stalking or disturbing the peace of the petitioner (the victim).
- Restraining the respondent from entering the premises of the dwelling unit of petitioner under certain circumstances.
- Restraining the respondent from communicating with the petitioner in any manner or through any medium.
- A temporary order of custody of minor children where appropriate.
What happens after the Temporary Restraining Order is ordered?
The alleged abuser or respondent must be served with the Temporary Restraining Order in accordance with the law. This order will provide him with a hearing date that is no later than 15 days after the filing of a petition. If the respondent is not served by the court date, the court may postpone the hearing until a later date, but will keep the Temporary Restraining Order in place.
What must the petitioner in Wisconsin prove to the court at the hearing?
The petitioner must prove by a preponderance of the evidence the allegation of abuse or harassment. The burden of proof is on the petitioner. The court must hold a formal hearing, allowing each party, even if unrepresented by an attorney, an opportunity to present evidence and to cross-examine opposing witnesses. If the court makes this finding, it issues a Permanent Restraining Order for a period of time the court deems appropriate, up to four years.
How can I find out whether or not I should be asking for an order of protection?
You need to consult an attorney who understands the intricacies of the Restraining Order laws in Wisconsin, and who has been involved in cases employing this law. The family law attorneys at Host & Keane, S.C. have many years of experience in this area and will provide you with reliable, confidential advice.
Host & Keane, S.C.
N28W23050 Roundy Drive, Suite 205
Pewaukee, WI 53072
Toll Free: 888-803-9039
