Should I Get a Restraining Order During Divorce?

 Posted on January 27, 2025 in Domestic Abuse

Restraining orders can be a valuable tool for people who have experienced domestic abuse. Domestic abuse does not mean only physical violence - other forms of abuse, such as stalking and making threats, can count as domestic abuse for the purpose of getting a restraining order. Having a restraining order in place can greatly reduce the chances that your spouse will commit further abuse against you or your children during and after your divorce. Even once you have a restraining order, it is still important to take steps to protect yourself, such as changing the locks on your doors and installing a security camera at your door. Your spouse may choose to violate the terms of the restraining order, but having one in place can enable the police to intervene immediately if your spouse attempts to make contact with you or appears at your home or workplace. An experienced Rock County, WI domestic abuse attorney can help you apply for a protection order.

What Counts as Domestic Abuse in Wisconsin? 

You do not need to wait for your abusive situation to escalate into actual violence to get a restraining order. Domestic abuse includes: 

• Stalking - Has your spouse repeatedly appeared in places you did not expect to see him? Has he come to your workplace or school without having a good reason to be there? Has he used deception to gain access to your social media pages after you blocked him? If these actions form a pattern, your spouse might be stalking you.  
• Destroying your property - It is very common for an abuser to start by destroying his partner’s personal property before escalating to physical violence. Your spouse may have destroyed items that had sentimental value or items he feels were taking your attention away from him. It is also common for abusers to destroy their partners’ phones to prevent them from calling for help or communicating with family and friends. 
• Sexual assault - Being married to someone does not mean that you automatically consent to sexual activity with your spouse. If your spouse performed a sex act without your consent, this counts as sexual abuse or rape. 
• Threatening to do any of the above - If your spouse has threatened to harm you or your children, you should take the threats seriously and consider getting a restraining order promptly. 

Contact a Madison, WI Divorce Attorney 

John T. Fields & Associates, LLC is dedicated to helping survivors of domestic abuse leave and stay safe. Aggressive Rock County, WI domestic violence and divorce lawyer John T. Fields will do all he can to make sure you have the protection order you need. Contact us at 608-729-3590 for a confidential consultation.