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Domestic Abuse Restraining Orders |
| Green Haven Family
Advocates can help victims of domestic violence obtain restraining
orders against their abusers. |
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Frequently Asked Questions: |
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What is a Domestic Abuse restraining order? |
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What is the legal definition of domestic
abuse? |
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Am I eligible to file for a restraining
order? |
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How can a restraining order help me? |
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Is there a fee?
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What are the steps involved with obtaining a
domestic abuse restraining order? |
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What will I need to prove at the hearing? |
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How can I
provide proof? |
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What should I do the day of the hearing? |
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If I am granted the restraining order how
long will it be effective? |
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What if I am granted the restraining order
but my abuser violates it? |
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What is a
Domestic Abuse restraining order? |
| A domestic abuse
restraining order is a paper, which is signed by a judge, or court
commissioner that tells your abuser to stop the abuse or face
legal consequences. It offers civil legal protection for both men
and women. |
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What is
the legal definition of domestic abuse? |
| Domestic abuse in
Wisconsin is when an adult family member or adult household member
does any of the following to an adult victim: |
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Intentionally causing physical pain,
injury, or illness |
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Intentional impairment of the victim’s physical condition |
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Property destruction |
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Threatening to engage in any of the above acts |
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Am I
eligible to file for a restraining order? |
| A domestic abuse
restraining order protects adults from abuse by an adult family
member or adult household member, including: |
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A current or former spouse |
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A parent |
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An adult child |
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A person related to you by blood or adoption |
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A person you currently or formerly lived with |
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Anyone with whom you have had a child, even if you weren’t married
to or living with |
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them currently |
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Someone you are dating or have dated |
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An adult caregiver |
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If someone other than one of these people is hurting you, there
are other types of orders that you may be eligible for, including
child abuse
restraining orders,
harassment
restraining orders
and vulnerable
adult restraining orders. |
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How can a
restraining order help me? |
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A restraining order can order the abuser from committing acts
of violence against you, order him to avoid your residence, order
him/her to avoid contacting you directly (in person, telephone,
email, text messages, letters, or thru a third party), and order
the abuser to hand over any firearms he has in his possession and
forbid him from buying any firearms. |
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Is there a fee? |
| There are no fees for
filing a domestic abuse restraining order. |
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What are the steps involved with obtaining a domestic abuse
restraining order? |
| Green Haven Family
Advocates can help you with filing a restraining order. If you
would like to make an appointment to talk a legal advocate about
obtaining an order please call 608-325-6489. |
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Otherwise, you need to fill out the necessary paperwork. You can
get the forms from the clerk of courts office or you can find the
forms on
http://www.wicourts.gov/forms1/circuit/htm. |
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| If you pick them up from
the clerk of courts you may want to take them home to fill them
out or if you have any questions you can have Green Haven assist
you in filling them out. |
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Carefully fill out the petition. On the petition you are the
petitioner and the abuser would be the respondent. On the petition
in the box provided for explaining why you want the order write
briefly about your reason for needing the order. List the most
recent event first, using specific language for the acts that were
done and use dates when possible. |
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The completed form must be notarized. You will have to take the
form to a notary (many banks have a notary). Be sure not
to sign the form until you are in front of a notary. You will
need to show a form of identification before the petition can be
notarized. |
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You will need to file the petition in the county where you live,
where the abuser lives or where the abuse has taken place. You can
find courthouse information on
www.courts.state.wi.us. |
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The clerk of courts will forward your petition to the judge who
will review it and decide if you are in serious and immediate
danger and grant a temporary restraining order. The temporary
order is good for 14 days or until the date of the hearing. |
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A date for the hearing will be entered on the Notice of Hearing.
The “Notice of Hearing” tells the respondent the date, time and
place for the hearing. At the hearing both the petitioner and
respondent will have a chance to tell their side to a judge. |
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The Notice of Hearing and petition will both have to be given
“served” to the abuser. The clerk of courts will forward the
papers to the sheriff’s department who will then locate and serve
the abuser his copy of the notice of hearing and petition. The
sheriff’s department will need contact information for you in case
they have any questions. |
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The temporary restraining order is not valid until it has been
served (Otherwise you can not prove the abuser has been told and
knows to stay away from you). Ask the sheriff’s department to
provide written proof when they serve the abuser, you may need it
in court if he does not come to the hearing. If the sheriff’s
department is unable to serve him 24 hours before his hearing time
the hearing will need to be reschedule. |
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What will I
need to prove at the hearing? |
| You will need to
prove that the abuser has committed acts of domestic violence
against you |
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How can I provide proof? |
| Have there been any
witnesses to the abuse? It can be anyone (friends, family,
children, doctors, nurses, law enforcement and even strangers.
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Get evidence and documentation to help prove your case: |
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Medical reports |
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Police reports |
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Pictures of your injuries or damage that he has done to your
property |
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Voice mail messages or text messages that the abuser may have left
for you or sent to |
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you. |
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Letters the abuser may have written to you |
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Anything else that can convince the court commissioner that you
have suffered acts of |
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domestic and need the restraining order. |
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| Practice telling your
story. Make notes or an outline of the abuse you have suffered.
Tell your story in your own words but leave out the details that
have nothing to do with physical violence or the threat of
physical violence. |
| Be sure to mention: |
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the most recent incidents of abuse, |
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if the abuser has a gun or other weapons, and |
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if the abuser has threatened to physically hurt or kill you. |
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What should I do
the day of the hearing? |
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Be on time or even a bit early. |
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Dress neatly. |
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Bring a copy of your temporary restraining order. |
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Bring a copy of the written proof that the abuser was
served. |
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Have your evidence there and ready. |
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Have your witnesses there and ready. |
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Relax and remain calm. |
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Never lose your temper in the courtroom. |
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Always tell the truth. |
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If I am granted the restraining order how long will it be
effective? |
| A domestic abuse
restraining order is good for 4 years. |
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What if I am granted the restraining order but my abuser violates
it? |
| If the abuser
violates the restraining order: |
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Call 911 immediately. |
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Tell the officers that you have a restraining order and the abuser
is violating it. |
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Keep a journal of any incidences that the abuser violates the
order. |
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For more information please contact us at: |
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608-325-6489 or email us by clicking below |
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Email - Green Haven Family Advocates |
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