A restraining order is a legal document issued by a court that could restrict where an individual can go, whom they can contact, and what rights and privileges they’re entitled to. In Wisconsin, almost anyone can file for a restraining order if they feel someone else is harassing them or is threatening their safety. Although there are various reasons a person might file for an order, typically this type of action results from cases of alleged spousal abuse, child abuse, elder abuse, or harassment.
Types of Restraining Orders
In Wisconsin, a court can issue 2 kinds of restraining orders:
- Temporary order: Restricts an individual’s contact with another person for a limited amount of time, typically up to 90 days. Usually, the temporary order is in place until an injunction hearing is held.
- Injunction order: A more permanent order issued against an individual accused of causing or attempting to cause harm to another person. An injunction is effective for up to 4 years.
After a judge has approved the restraining order, the person whom it is filed against will receive notice regarding the terms of the order, procedures for giving up firearms, and penalties for violating the order.
Non-Compliance Consequences
If a person violates a restraining order, they could face a misdemeanor charge. The penalties for not complying with the terms include up to $10,000 in fines and/or up to 9 months in jail.
To land a conviction for a restraining order violation, the state must prove that:
- A valid restraining order was granted against the individual,
- The individual knew a restraining order was issued in their name, and
- The individual engaged in activity prohibited by the order
Request Your Free Consultation with the Law Offices of Christopher J. Cherella
Having a restraining order filed against you could limit your ability to go about your life and enjoy certain rights such as owning a firearm. Understanding that this type of legal action can have serious consequences, our attorney fights hard to minimize the impacts of a conviction on a person’s future. If you’re facing the possibility of an injunction being issued against you or you have been accused of violating the terms of an order, contact us today. We will provide fierce defense to protect your freedom.
Schedule your case evaluation by calling us at (414) 882-8382 or contacting us online.