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| Ski admitted his sexual harassment of this man's wife to DP Doug, but Engelbrecht has moved heaven and earth to protect Ski and Glende, to punish any truth-tellers. |
Q: Is a restraining order for me?
As a member of society you and/or your family have the right to feel safe at home, work, and in the community. If someone is violating these rights, you need to take appropriate actions to protect yourself and/or your family. Depending upon your personal situation there are three types of restraining orders that can help protect you: Domestic Abuse, Child Abuse, and Harassment.
Q: Where do I start?
- First, you will need to contact an Advocate at the District Attorney's Office in the St. Croix County Government Center located in Hudson, Wisconsin. You may also contact a victim advocate by phone at 715.386.4666. By speaking with an advocate, you will be able to decide the type of petition that fits your situation.
- Second, you will need to come to the Government center to file your petition. At this time the advocate will help answer any questions you may have and help you in completing the petition. The victim advocate's office is located on the main level, Room 1259, of the Government Center.
- Third, after completing the petition, the advocate will bring the petition to the Judge for review. During this time, the Judge will decide whether to grant a Temporary Restraining Order.
Basic Definitions
Petitioner - person filing for a Temporary Restraining Order/Injunction
Respondent - the person against whom the petition is being filed
Temporary Restraining Order (TRO) - a restraining order that is in effect for seven days or until the injunction hearing.
Injunction Hearing - a hearing before the Court where it is decided if there has been Domestic Abuse, Child Abuse and/or Harassment. If the court finds that any of these have occurred the court may issue an injunction up to, but not more then, two years.
Domestic Abuse Order - the petitioner and respondent must be family members or household members (people who in the past or now live in the same place), or have a child in common. A domestic abuse restraining order prohibits any contact by the respondent to the petitioner and the respondent must leave the home. Facts needed on the petition for a domestic abuse order include a showing of an intentional infliction or threat to inflict physical pain, physical injury, or illness; intentional impairment of physical condition; or sexual contact or intercourse without consent. There is no filing fee for this order.
Harassment Order - the facts in the petition must show that the respondent struck, shoved, kicked, or otherwise subjected the petitioner to physical contact, or attempts or threatens to do so, or that the respondent engages in a course of conduct, or repeatedly commits acts which serve no legitimate purpose. A harassment restraining order prohibits any harassment by the respondent, but cannot force the respondent out of the home nor can it automatically order no contact. There is a filing fee for this order, unless it qualifies under the state statute including a domestic relationship or stalking.
Child Abuse Order - the facts must show that a person under 18 years of age has had physical injury inflicted by other than accidental means or there has been sexual intercourse or sexual contact under Wisconsin Statute 940.225 or 948.02 or there is a violation of sexual exploitation of a child, Wisconsin Statute 948.05, or the abuser has permitted or required a child to violate prostitution statute, § 944.30, or there has been emotional damage as defined in Wisconsin Statute 813.122(1)(e) or there has been a threat to engage in any of the above conduct. The court can order the respondent to avoid the child's residence and to have no contact with the child. There is no filing fee for this order.
Q: After the TRO, Then What?
- If a TRO is ordered by the court, a court date will be set for an injunction hearing. The petitioner should then contact law enforcement to have them serve the papers on the respondent. Never give the respondent the legal papers yourself.
- At the Injunction hearing, as the petitioner, you must appear in court and may bring others/advocates for moral support. Both the petitioner and the respondent have the opportunity to be heard at the injunction hearing. If the facts show domestic abuse, harassment, or child abuse has occurred, the court may issue an injunction for a period of not more than two years. The respondent may or may not be present at the hearing but must be served notification of the hearing.
Q: Do I Need An Attorney?
No. But, you may wish to hire an attorney or speak to an attorney prior to the hearing.
Q: Does The Respondent Need An Attorney?
No, however, the respondent may hire an attorney to represent him/her. If so, you may wish to reconsider obtaining legal counsel. A free attorney will not be appointed for the respondent. This is not a criminal proceeding.
Q: Are There Penalties For Respondents Who Break TRO or Injunction?
A: Yes. If the respondent violates the order, once it is in effect, report it to law enforcement immediately and every time. Then the respondent may be arrested for breaking the order and may face criminal charges.
- The penalties for the violation of domestic abuse and child abuse are imprisonment not to exceed nine months, a fine not to exceed $1,000, or both.
- The penalties for the violation of harassment orders are imprisonment not to exceed 90 days, a fine not to exceed $1,000, or both.
Practical Points to Remember
- Respondents may be angry when they receive the temporary restraining order. Anger most likely will be directed towards you. Take all the steps necessary to insure your safety. Have a safety plan for yourself and your child(ren).
- Petitioners need to be in a position where they can call for help. Law Enforcement will not know when petitioners are in trouble. 911 should be called in an emergency. Remember to keep the petition with you at all times.
- The court takes these cases seriously and expects everyone else to take them seriously. The orders are to be enforced by any or all law enforcement officers in and out of the State of Wisconsin.
Conclusion
- We are concerned for your safety and the safety of your child(ren). These are serious situations and people's lives may be in danger. We recognize this is a difficult step to take, but it is an important step for your safety and for taking control of your life. You should not have to live in fear.
- Violence should not be accepted as normal behavior. You are not responsible for the behavior of the person who is hurting you. Statistics show that in an abusive relationship, the pattern of behavior tends to get worse and become more violent.
- Domestic violence is everyone's problem. Many lives are affected and children learn violence from abusers. No one deserves to be abused. Sometimes it is necessary to take action to protect yourself-the restraining order can be one of those steps.
Q: If I file a restraining order petition, will my abuser know what I said in the petition?
A: Yes. Before a hearing can be held, at which time the temporary restraining order can be replaced with an injunction which can be in effect for up to two years, the abuser must be served with a copy of the TRO/injunction petition. The respondent has the right to attend the hearing.
A: Yes. Before a hearing can be held, at which time the temporary restraining order can be replaced with an injunction which can be in effect for up to two years, the abuser must be served with a copy of the TRO/injunction petition. The respondent has the right to attend the hearing.
Q: When I get a restraining order, does that mean I have custody of the kids?
A: No. If you are seeking a domestic abuse restraining order, the court is prohibited from ordering any custody, physical placement or child support orders. A separate action may need to be filed in Family Court. You may need an attorney to assist with issues about custody/physical placement.
A: No. If you are seeking a domestic abuse restraining order, the court is prohibited from ordering any custody, physical placement or child support orders. A separate action may need to be filed in Family Court. You may need an attorney to assist with issues about custody/physical placement.
Q: When I get a TRO/injunction, does it mean my abuser has to stay away from the kids also?
A: The TRO/injunction only restricts the respondent for making contact with you and does not include the children, unless a separate child abuse TRO/injunction order has been filed on behalf of the child(ren). At the injunction heating, custody or physical placement issues may come up. By law, when issuing a domestic abuse TRO or injunction, the court may not address these issues. It is possible for a court to address issues regarding the children at a harassment injunction hearing because the law does not say the court is prohibited from doing so.
A: The TRO/injunction only restricts the respondent for making contact with you and does not include the children, unless a separate child abuse TRO/injunction order has been filed on behalf of the child(ren). At the injunction heating, custody or physical placement issues may come up. By law, when issuing a domestic abuse TRO or injunction, the court may not address these issues. It is possible for a court to address issues regarding the children at a harassment injunction hearing because the law does not say the court is prohibited from doing so.
- It is preferable to arrange any exchange of the child(ren) through the party so that there is no direct contact between the two of you. Many abusers use child exchange contacts as an opportunity to abuse the victim. Third party exchanges in public places help to eliminate this.
Q: Can I get a restraining order for psychological/emotional abuse?
A: The laws are extremely specific about the types of abuse a person must have been subjected to in order to obtain an injunction. For a person living with someone who is psychologically or emotionally abusive, the mental abuse can be equally, if not more painful, then physical abuse. The domestic abuse restraining order law says the respondent must have engaged in certain physical abuse or the threat of any behavior. If the emotional abuse includes threats, you may be able to get a domestic abuse restraining order. In addition, the domestic abuse restraining order law says if the person may engage in domestic abuse, you can obtain a restraining order.
A: The laws are extremely specific about the types of abuse a person must have been subjected to in order to obtain an injunction. For a person living with someone who is psychologically or emotionally abusive, the mental abuse can be equally, if not more painful, then physical abuse. The domestic abuse restraining order law says the respondent must have engaged in certain physical abuse or the threat of any behavior. If the emotional abuse includes threats, you may be able to get a domestic abuse restraining order. In addition, the domestic abuse restraining order law says if the person may engage in domestic abuse, you can obtain a restraining order.
- If your abuser engages in a course of action, which harasses and intimidates and serves no legitimate purpose, you may be able to get a harassment restraining order.
Q: Will I be able to return to my home immediately after I file a TRO?
A: Sometimes. You will want to make sure the respondent has been served and you would not be in any danger in going home. You can ask for police assistance in doing this, but often the police cannot immediately get to the task of serving the respondent with the restraining order and placing you in possession of your home. You may need to stay someplace else until the police can help you.
A: Sometimes. You will want to make sure the respondent has been served and you would not be in any danger in going home. You can ask for police assistance in doing this, but often the police cannot immediately get to the task of serving the respondent with the restraining order and placing you in possession of your home. You may need to stay someplace else until the police can help you.
Q: How can I make sure that the TRO/injunction will be enforced?
A: You are the best enforcer of this order. Every time the abuser makes contact with you, the police (911) should be called immediately. Not calling the police or only occasionally, gives the abuser confusing messages about the validity of the TRO/injunction. The abuser will begin to believe it is all right to have contact sometimes. Also, sometimes officers do not know about or ignore the provisions of the domestic abuse law, which says the order is not void if the petitioner allows contact.
A: You are the best enforcer of this order. Every time the abuser makes contact with you, the police (911) should be called immediately. Not calling the police or only occasionally, gives the abuser confusing messages about the validity of the TRO/injunction. The abuser will begin to believe it is all right to have contact sometimes. Also, sometimes officers do not know about or ignore the provisions of the domestic abuse law, which says the order is not void if the petitioner allows contact.
Q: If we live or work in the same place, how can I be assured of no contact with my abuser?
A: At the injunction hearing when you are giving testimony, you will want to include any special requests, such as him/her staying away from you at your place of residence or work. If you happen to see each other at either of these places and your abuser does make contact with you, call the police immediately because it would be a violation of the TRO/injunction.
A: At the injunction hearing when you are giving testimony, you will want to include any special requests, such as him/her staying away from you at your place of residence or work. If you happen to see each other at either of these places and your abuser does make contact with you, call the police immediately because it would be a violation of the TRO/injunction.
Q: How do I determine which county I should file in?
A: A petitioner can file a domestic abuse TRO or injunction in the county she or he is temporarily residing in OR in the county where the respondent lives OR in the county in the county where the incident occurred. A petitioner can file a harassment TRO or injunction in the county where the petitioner lives OR in the county where the respondent lives OR in the county in which the incident occurred.
A: A petitioner can file a domestic abuse TRO or injunction in the county she or he is temporarily residing in OR in the county where the respondent lives OR in the county in the county where the incident occurred. A petitioner can file a harassment TRO or injunction in the county where the petitioner lives OR in the county where the respondent lives OR in the county in which the incident occurred.
Q: Will I void or violate my restraining order by having contact with the respondent?
A: The law says the respondent is prohibited from initiating direct contact with the petitioner. If the petitioner of a domestic abuse restraining order allows the respondent admittance into her or his home, the restraining order does not become null and void. The police are to enforce any violations of that order. However, if the petitioner continues to initiate contact, the police may believe that she or he is not serious about the injunction. The police can then arrest the petitioner and the prosecutor can charge the petitioner with aiding and abetting the violation of the restraining order.
A: The law says the respondent is prohibited from initiating direct contact with the petitioner. If the petitioner of a domestic abuse restraining order allows the respondent admittance into her or his home, the restraining order does not become null and void. The police are to enforce any violations of that order. However, if the petitioner continues to initiate contact, the police may believe that she or he is not serious about the injunction. The police can then arrest the petitioner and the prosecutor can charge the petitioner with aiding and abetting the violation of the restraining order.
Q: Is it possible to get my restraining order extended?
A: If the injunction is for less than 4 years, the petitioner can get it extended for up to two years from the date it is first entered. The respondent must be notified once the extension is granted.
A: If the injunction is for less than 4 years, the petitioner can get it extended for up to two years from the date it is first entered. The respondent must be notified once the extension is granted.
