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| Temporary Restraining Orders & Injunctions |
Parties and Terms Defined
Petitioner: The person who is filing for the temporary restraining order/injunction.
Respondent: The person against whom the temporary restraining order/injunction is filed.
Temporary Restraining Order (TRO): A temporary order that is in place from the date of the filing to the time of the injunction hearing.
Injunction Hearing: A hearing in which the court determines if there are reasonable grounds for an injunction to be granted.
Injunction: A court order to avoid contact with a person and/or person’s residence, or to prohibit harassing behavior.
What is the difference between the types of injunctions?
Domestic Abuse
Respondent MUST BE:
A current or former spouse or adult family member related by blood or adoption or
A person who currently or formerly resided with the petitioner or
A person with whom the petitioner has a child or
A person who provides in-home or community care for the petitioner or
A person with whom the petitioner has, or had, a dating relationship or
The guardian of the petitioner, an incompetent person, who is one of the above
Petitioner must show that the respondent engaged in physical abuse, sexual assault, impairment of physical condition, criminal damage to property or the threat to do one of these.
COST: No Cost
Harassment
Petitioner must show the respondent engaged in a pattern of behavior that is harassing, intimidating and has no legitimate purpose or that the respondent has subjected the victim to physical contact or has attempted or threatened to do so.
NOTE: Some victims of domestic violence may petition for a harassment injunction if there has been no physical injury or threat to physical safety.
COST: $155.00
Child Abuse
The petitioner MUST BE:
A child victim, or a parent, step-parent or legal guardian of the victim
Petitioner must show emotional, physical or sexual abuse of the child committed by the respondent.
COST: No Cost
Please refer to the Wisconsin Court System Website for a current list of case classification codes.
Forms
Forms can be downloaded or obtained from the Shawano Menominee County Clerk of Courts Office. Safe Haven Support Center will assist you in filling the forms out.
Online forms are available through the Wisconsin Court website. The forms are downloadable in MS Word or PDF form. Please note: There is also a form “summary” page that provides important information about who fills out the form, the purpose of the form, and who receives copies of the form upon filing.
Once the forms are completed and notarized, we will schedule an injunction hearing and issue a TRO if it is appropriate. After the TRO is served on the respondent it will be in effect until the date of the injunction hearing. This hearing must be within fourteen days of the TRO being issued.
The petitioner must file the appropriate paperwork with the Clerk of Courts’ Office. The petitioner will then take the forms to the Sheriff’s Department to have the TRO served.
The petitioner must appear at the injunction hearing. If he/she fails to appear, the petition will be dismissed. At the hearing, the petitioner will testify about the respondent’s conduct. The respondent will be given an opportunity to respond. Both parties may bring witnesses and an attorney if they choose.
*** If the court finds that domestic abuse, child abuse, or harassment has occurred, it may order an injunction for as long as the petitioner requests, but not to exceed four years for Domestic Abuse Injunctions and two years for all other. |
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