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Violating a restraining order in Wisconsin

On Behalf of | Sep 23, 2021 | Criminal Defense |

There are some situations in which a restraining order is necessary to keep victims safe. If you’re a Wisconsin resident and need to protect yourself or your family, here are some important details about restraining orders you should know.

Definitions

According to Wisconsin law, an elder person is classified as someone who is 60 years old or older. Harassment is defined as kicking, pushing, or hitting an individual, or otherwise subjecting them to unwanted physical contact. Sexual assault, stalking, or threatening to carry out these actions is also considered harassment. Restraining orders also protect an individual or family’s household pets since defendants will often harm a beloved animal to cause emotional distress to the victim.

Commencement of action

When it comes to a restraining order, you’ll need to file a petition in accordance with sub. (5) (a). If the judge or a Wisconsin circuit court commissioner extends the time for a court hearing or the respondent has not acknowledged the order, the judge will order that the plaintiff serve the defendant with a class 1 notice under ch. 985 via mail or fax.

A summary of the restraining order petition must include the name of the restraining order petitioner and respondent, a notice of the order, and notice of the time, place, and date, as well as the location of the hearing regarding the restraining order. The Wisconsin court will inform the plaintiff in writing if the restraining order is served by the local sheriff. The petitioner should get in contact with the sheriff to verify that the restraining order was served. It is also advisable for the petitioner to get in touch with the court to make sure that the order is in the court’s system