Wisconsin Restraining Orders and Injunctions

Wisconsin Temporary Restraining Order

With regard to Wisconsin restraining orders, the law allows for persons to seek a restraining order against another person. However, a restraining order can only be issued by a judge, and only if a legal basis exists to support a restraining order. There are different kinds of Wisconsin restraining orders, but the most common restraining orders are for harassment or domestic abuse. Wisconsin restraining orders are only temporary, but a court can extend the length of the order through an Injunction Hearing.

In general, to obtain a temporary restraining order (also called a “TRO”), a person, called the petitioner, files a petition with a court. If the petition is granted, the temporary order will be effective up until the date of an injunction hearing. The respondent is then served notice of the TRO and advised of the injunction hearing date. A date for the injunction hearing will be set by the court. The injunction hearing must happen within 14 days from the date that the TRO was issued, unless the court grants a one-time 14-day extension.

The respondent must receive a copy of the petition, which contains notice of the injunction hearing date and notice that if the respondent does not appear to contest the allegations, the court may grant the restraining order by default.

The Injunction Hearing Process in Wisconsin

The parties can appear on their own behalf or with a lawyer at the injunction hearing in Wisconsin courts. Most courts allow both parties to testify and cross-examine the other party. The judge is also allowed to ask questions. Based on what one or both parties say at the hearing, the court will deny or grant the requested injunction.

It is also important to understand that the testimony given at an injunction hearing in the state of Wisconsin can be used against the respondent in any criminal proceedings. This is not uncommon, as many restraining orders are related to pending criminal charges. Therefore, it is best to consult with a lawyer about the injunction hearing.

Wyosnick Legal, LLC is trained Wisconsin criminal defense attorney, with experience representing both Petitioners and Respondents in restraining order and injunction hearings matters. For a consultation on how we can help, please call us at 608.230.2413.

Explore all of the areas we are able to assist in criminal defense cases for residents of Wisconsin or Illinois in our ‘Practice Areas‘ section of the website.

Disclaimer: above descriptions of the law is in no way legal advice from Wyosnick Legal, LLC, nor should be considered as forming an attorney-client relationship.