Madison Restraining Order Attorneys

Order of Protection Attorneys in Dane County, Wisconsin

In divorce and family law cases, accusations of domestic abuse, harassment, or other issues that affect the safety of family members can be very serious. A victim of physical, verbal, or emotional abuse may fear for their own safety, and they may also be worried that their children may suffer harm. However, they may also be worried about what could happen if they attempt to leave the relationship. They may fear that doing so could lead an abuser to attempt further acts of violence, or they may worry that they will be unable to find new living arrangements and support themselves and their children. Because of these issues, victims of abuse may stay in dangerous situations, and they may feel that they have no other options.

Fortunately, victims of abuse can receive protections that will prevent further acts of abuse and ensure that they and their children can live in safety. A restraining order is often the best option in these situations, and when requesting protection, a person can also address issues related to child custody, financial support, and possession of a shared residence. At John T. Fields & Associates, LLC, we can help domestic violence victims and people who are afraid for their safety receive the protections they need. By providing representation in family court, we can help resolve issues related to divorce and child custody in a way that meets our client's needs.

Types of Restraining Orders in Wisconsin

A restraining order, which may also be referred to as a protective order, is a legal court order issued by a judge that will place restrictions on a person who is believed to have committed domestic abuse or other actions that have led to injuries or caused a person to reasonably fear that they will suffer harm. Restraining orders in family law cases may address:

• Domestic abuse - This may involve any actions an adult takes against their spouse, former spouse, or another adult family member involving the intentional infliction of pain or physical injuries. It may also involve sexual assault, intentional damage to property, or threats to engage in any of these actions.
• Child abuse - This may involve intentional injuries to children, sexual abuse or exploitation of children, or causing children to suffer emotional harm and refusing to allow them to receive the necessary psychological treatment.
• Harassment - This may involve acts of physical contact such as hitting, kicking, or shoving a person, as well as stalking, threatening to inflict harm, or engaging in a course of conduct that involves intimidation and the infliction of emotional distress.

What Will a Restraining Order Do?

A person who has experienced domestic abuse or harassment or a parent of a child who has experienced child abuse may seek a temporary restraining order (TRO) in their county court. If a judge has reasonable grounds to believe that the respondent has engaged in domestic abuse, harassment, or child abuse, a TRO can be granted at the time the petition is filed, and the respondent will usually only be notified after the restraining order has been issued.

A TRO may remain in effect for up to 14 days, and an injunction hearing will be scheduled. At the injunction hearing, the petitioner and the respondent may both testify, call witnesses, and present relevant evidence, and a judge will determine whether there is a need for a permanent restraining order or injunction. If an injunction is issued, the terms of the order will be based on the evidence and testimony presented at the hearing. In domestic abuse or harassment cases, an injunction may remain in effect for up to four years. In child abuse cases, an injunction may last for up to two years or until the child reaches the age of 18, whichever occurs sooner.

Temporary restraining orders and injunctions will typically state that the respondent is prohibited from engaging in any form of abuse or harassment. The respondent will usually be prohibited from contacting, speaking to, or sending messages to the petitioner or other parties named in the order while the order is in effect, and they will also be required to stay away from the petitioner's residence.

When a restraining order is issued during family law proceedings, a judge may also put other orders in place to help protect the petitioner and ensure that they have the necessary resources to support themselves and their children. These orders may address the division of marital property, such as granting the petitioner exclusive possession of a shared residence, allowing them to maintain ownership of items such as a vehicle or home furniture, or requiring the respondent to pay for repairs or replacement of damaged property. The judge may also address child custody, including by granting sole custody to the petitioner or placing restrictions on the respondent's visitation time with their children. The respondent may also be required to pay financial support, including spousal support and/or child support, to the petitioner.

Contact Our Madison, WI Restraining Order Lawyer

At John T. Fields & Associates, LLC, we know that it can be frightening and overwhelming to seek a restraining order against someone you have tried to build a life with. With this in mind, we will do everything we can to make the process easier on you. We will advocate on your behalf in hearings or other court proceedings and ensure that the resulting restraining order is enforced to the fullest extent of the law. To discuss issues related to restraining orders, divorce, or child custody, contact us at 608-729-3590. We serve clients in Green County, Dane County, Sauk County, Rock County, Iowa County, Columbia County, and throughout Southern Wisconsin.