Restraining orders are available in two main forms: domestic abuse and harassment. They are court orders, called injunctions, that prevent a person from taking certain actions. These orders go further than simply preventing the defendant from engaging in abuse or harassment. They also often prohibit all contact with the petitioner, including through telephone, email, etc., as well as indirect contact through other people. The defendant is also prohibited from being present in the same place as the petitioner. Modifications allowing for limited contact are possible, particularly for parties with children, but the clear goal is to end the threatening behavior and protect the petitioner.
Restraining orders are addressed in two steps. First, the petition is reviewed and an injunction can be granted on a temporary basis, without a hearing. Second, a full hearing on the issue before a judge will then take place within two weeks. At that hearing, the judge will either grant or deny the injunction petition, for a period up to four years.
Domestic abuse and harassment injunctions are unfortunately extremely common. Particularly in Dane County, restraining order hearings are held several times weekly, and their hearing calendar is almost always full of new cases. I estimate that more than 90% of parties involved in these cases do not have lawyers. Most of the time, the parties have incredible difficulty presenting their case according to court rules. Partly, this is because the definition of domestic abuse and harassment is far more limited than most people think (which I will address in a future blog). Often, the judge finds it very hard to understand what happened and make a decision.
Abuse and harassment are extremely serious matters. They must receive the care and attention they deserve. For some time, I have served as a resource and referral source for local domestic abuse services, and have represented many clients in both harassment and domestic abuse matters in Dane, Columbia, and Sauk counties. I would be happy to speak to you and assist you to resolve these issues in any way I can.
I have been representing families in divorce for almost 30 years. I would be glad to discuss your concerns with a no cost, no obligation consultation. Should you be in the need of a divorce attorney whether for divorce or post-divorce matters please contact Attorney Mark L. Krueger in the Baraboo area at (608) 356-3961, Madison area at (608) 824-9540 or Statewide at (866) 455-2993. Please feel free to email at email@example.com and check out our website at https://khtlawyers.com. Remember, at Krueger Hernandez & Thompson SC we listen, we care, we get results!
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