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What Is an Injunction Hearing?

by | Nov 17, 2022

In the state of Wisconsin, restraining orders are types of court orders that direct a person to refrain from engaging in a specific behavior. 

Temporary restraining orders are often used to keep an abusive spouse away from their victim, to move out of the house you share with them, to stop calling or harassing you, and prevent other actions. Even though it is possible to obtain temporary restraining orders ex parte (which means no notice is given to the other party), there will be a hearing date set within 14 days to allow the other party to present their side or position. 

The official name for the hearing is an injunction hearing. 

The Injunction Hearing 

During the injunction hearing, the request for a permanent injunction can be requested based on the circumstances of the abuse or situation. Both parties involved and additional witnesses will be compelled to share their side of the story at the hearing. After this, the commissioner or court will decide if the injunction will be granted. Injunctions can be granted for up to four years in domestic abuse or harassment cases. 

The responsible party must surrender all their firearms if the domestic abuse injunctions are granted. For harassment injunctions, it is possible to request that the court orders the harassing party to give up their firearms. The key to getting this approved is to prove that the party may use the firearms to cause some type of physical harm or endanger the public’s safety. 

Domestic abuse restraining orders or injunctions will not address issues like child custody, child placement, or child support orders. The exception to this is identifying any exchanges of placement for minor children. A separate court action must be filed to address child support, child placement, and child custody issues. 

Speaking to a qualified Wisconsin injunction lawyer about getting a domestic abuse restraining order is a good idea. This will be necessary if you are worried about your safety, the safety of your children or if there is a history of the individual being violent or committing domestic abuse. 

What to Expect at the Injunction Hearing 

On the scheduled day of your injunction hearing, you must go to the hearing to request that the temporary order be extended and turned into an injunction or domestic abuse restraining order. 

The temporary order will expire if you do not attend the hearing. To get the process started again, you must start at the beginning. 

Individuals aged 60 or older can participate in the hearing by phone or through a live stream service over the internet. 

The abuser doesn’t need to come to the hearing to get a final injunction approved. In this situation, the judge could grant you a final injunction, or they may reschedule the hearing. This is true if you or the abuser request to have a continuance. 

It is smart to have an attorney help with your case or situation. This is especially true if the respondent has hired an attorney. It is also possible for you to represent yourself. If your abuser comes to the hearing with an attorney, you can also request that a continuance be granted by the judge so you can hire an attorney. 

If you cannot attend the hearing on the set day and time, you can contact the court to see if your case can be continued. However, it is up to the judge, and this request may be denied. 

Temporary Restraining Orders Defined

In the state of Wisconsin, a temporary restraining order is a type of court order that prohibits any contact between the individual who requests the order and the person that whom the restraining order is filed against. 

The hearing for the temporary restraining order must occur within 14 days of the initial order being issued unless it is agreed by both parties to occur at a different date. 

Types of Abuse to Allege in the Petition

If you need to obtain a temporary restraining order or an injunction, the actions that must be listed in the petition include the following:

  • Kicking, shoving, striking, or other types of physical contact or trying to do this or threatening one of these actions.
  • Engaging in contact or doing the same acts over and over to intimidate or harass another person where there is no legitimate purpose to do so. 
  • Child abuse
  • Stalking
  • Sexual contact or sexual intercourse

Common Questions About Injunctions and Restraining Orders

Several questions may be asked about injunctions and restraining orders. The answers to these are found here. 

What Can be Ordered of the Respondent if an Injunction is Approved?

Some of the things that the court can order that the respondent of an injunction do include the following:

  • Stop harassing the other person
  • Avoid harassing another person
  • Avoid going to the petitioner’s residents or premises that are being occupied by the petitioner (or, in some cases, both)
  • A combination of these orders
  • Prevent the respondent from owning a firearm if it is determined that they used a firearm to cause some type of physical harm to someone or if they endangered the public’s safety in some way

Where Can You File a Petition for an Injunction? 

There are a few places where you can file a petition. These include the following:

  • The county where you live
  • The county where the respondent lives
  • The county where the incident took place

According to Wisconsin Statute Section 813.125(4)(c), the court is not allowed to grant any induction over four years. 

How Long Will an Injunction Last?

The court can grant an injunction in Wisconsin for a maximum of four years. The injunction’s total length depends on several factors. This includes the facts and circumstances of the case and the length of time the petitioner requests. 

What Is the Cost of Filing a Petition in Wisconsin?

If you file a petition based on the statute above and it does not allege any type of domestic abuse or stalking actions, then the filing fee will be $155 (in most cases). Remember, this can vary, but this is the generally accepted amount. 

Can the Temporary Restraining Order be Extended?

There are some situations when the court can extend the temporary restraining order. The conditions that would apply to this include the following:

  • The parties agree to an extension, and the agreement is in writing
  • The court discovers the respondent was not served with the petition, though the petitioner has shown due diligence

Will Automatic Surrender of Firearms be Required?

The short answer to this is no. If the court issues an injunction against you, then the court can order that you are not allowed to possess a firearm. This is done if there is convincing evidence that the firearm may be used to cause physical harm to someone or to put public safety at risk. 

Will The Court Disclose your Address?

Again, the short answer to this question is no. The court order and petition will not disclose the alleged victim’s address (petitioner). 

Will the Court be required to Contact the Respondent before the TRO Is Issued?

The short answer to this question is no. The court can issue a temporary restraining order without providing notice to the respondent. It is the petitioner’s responsibility to notify the local authorities and the respondent. 

What if Someone Lies to Get a Restraining Order?

In some situations, people will tell a lie (or multiple lies) to get a restraining order. This is done for many different reasons. 

If another person lied to obtain a restraining order against you, it is necessary to present this evidence in court to show that the allegations that were made against you did not actually occur. The evidence can also be used to show the petitioner has a history of lying and being untruthful. 

In some situations, neither party in the restraining order will have proof of what has happened. In these cases, it is a “he said, she said” situation. The court will then determine what party is the most credible and decide who is more believable. 

Because of how complex these situations can become, it is recommended that you hire a restraining order attorney. This is particularly important if there is no evidence to help disprove or prove the allegations that have been made. 

Hire an Experienced Attorney to Help with Your Case

Having an attorney is recommended if you need to schedule an injunction hearing or file for a restraining order. With legal representation, you can get the best possible outcome for your case. 

We are here to help with your situation and will work to ensure you get the desired outcome for your case. 

Written by Vanden Heuvel & Dineen, S.C.

Criminal Defense | Divorce | Family Law

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