Restraining orders are legal documents that limit where an individual can go and with whom they can have contact; they may also limit certain rights and privileges. Violating a restraining order, which is a court-ordered document, can lead to misdemeanor charges in Wisconsin.
Restraining Orders In Wisconsin
Wisconsin allows almost anyone to file a restraining order against another person if they feel they are being harassed or their safety is threatened. In most cases, the order comes about due to cases of spousal or domestic abuse, child abuse, elder abuse, or harassment. The state has two types of restraining orders:
- Temporary Orders. Temporary restraining orders are limited to a period of up to 90 days. They are often used until an injunction hearing can take place.
- Injunction Orders. These are longer-lasting restraining orders that may be in effect for as long as 4 years.
A judge has to approve a restraining order. Once that is done, the person against whom it is filed will be notified of the terms of the order, any actions or procedures they must follow, such as relinquishing firearms, and the penalties for violating the order.
Consequences For Violating A Restraining Order
Violation of a restraining order in Wisconsin is a misdemeanor. The penalties associated with this may include up to $10,000 in fines and/or up-to 9 months in jail. In order to be convicted for violating a restraining order, the state has to prove several things:
- A legally-valid restraining order was in effect against the individual,
- This person knew that a restraining order was issued in their name, and
- The named person engaged in activity prohibited by the order.
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