How Can I Get a Restraining Order Against an Abusive Ex?

 Posted on August 07, 2024 in Domestic Abuse

Domestic violence is increasing at a worrying pace. There were six domestic violence deaths in Milwaukee in April alone. Even as homicides and shootings decline, intimate partner violence is on the rise. In 2022, Wisconsin suffered a record 96 deaths related to domestic abuse, a 20 percent surge from the year before.

The problem persists around the country, with states like Massachusetts, Utah, and New York City also experiencing an uptick in domestic violence cases. Figures from the National Domestic Violence Hotline reveal that an average of 24 people experience domestic violence every minute. According to some estimates, domestic abuse has risen over eight percent in the United States since the COVID-19 lockdown orders.

Victims of domestic violence or those who are threatened with domestic violence may be able to secure a restraining order from the court against their abusers. This article will explore restraining orders and how to obtain one with the help of a Wisconsin family law attorney.

What Is Domestic Abuse?

When most people think of domestic abuse, they usually imagine one partner physically attacking the other. But there are other actions considered domestic abuse in Wisconsin:

• Repeatedly and willfully depriving the other partner of sleep
• Causing the other partner emotional distress through harassment
• Stalking
• Physically confining the other partner
• Damaging the other partner’s property
• Withholding basic needs from the other partner or a dependent

These acts, or the threat of these acts, can be cause for a court to issue a restraining order.

What Is a Restraining Order?

A restraining order is a court order that usually forbids an abuser from approaching or contacting a victim. In some cases, a restraining order might also contain certain directives to help prevent further abuse. For example, a judge might award the victim exclusive rights to the house, order the abuser to attend counseling, and/or impose restrictions on child custody for the abuser.

A restraining order is only one kind of protective order and is specifically designed to protect victims who:

• Are related by blood or marriage to the abuser
• Share a living space with the abuser
• Have a romantic relationship with the abuser
• Share children with the abuser
• Have disabilities and are under the abuser’s care

How Can I Get a Restraining Order?

Restraining orders are requested through petition forms. Ask your attorney to guide you through these documents and file them with the court. Keep in mind that you may need to provide the court with substantial evidence proving that there is at least a threat of domestic abuse. An experienced attorney will be able to tell you what evidence you need to present.

Contact a Madison County, WI Restraining Order Lawyer

Domestic abuse is a dangerous offense that rarely happens just once. John T. Fields & Associates, LLC is ready to assist you with securing a restraining order and fulfilling your family law needs. Schedule a consultation with a Dane County, WI restraining order attorney by calling 608-729-3590 today.