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SafeChippewa.Com
Serving Chippewa County, Wisconsin |
| Need Assistance?
A person can receive assistance in obtaining a restraining order by contacting the Family Support Center at 715-723-1138, or 1-800-400-7020.
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| *** Need Forms ***
You can obtain blank copies of the Restraining Order (Civil) forms and summaries of the forms at www.wicourts.gov/forms1/ circuit.htm#civil. The above link does not provide assistance with filling out the forms. |
| Restraining Orders A restraining order is a court order that prohibits contact and/or certain behavior directed at a person by another person. A restraining order is a civil court matter, which is separate from any potentially related criminal court matter. Types of Restraining Orders: Domestic Abuse An adult person may seek to obtain a domestic abuse restraining order against another adult person, if they are in a one of the following relationships:
And that other person is causing them physical pain, injury or illness; has impaired their physical condition; sexually assaulted them; or threatened to harm them physically or sexually. Child Abuse A child (or parent, step parent, or legal guardian acting on the child's behalf) may seek to obtain a child abuse restraining order against another person if that other person has engaged in, or due to prior conduct of the parties may engage in, abuse of the child. Abuse includes non-accidental physical injury, sexual assault, sexual exploitation, allowing the child to be a prostitute, and/or emotional damage resulting from the behavior of an abusive adult. Harassment A person may seek to obtain a harassment restraining order against another person if 1) That other person is striking, shoving, kicking or otherwise subjecting them to physical contact; has sexually assaulted or stalked them; or is attempting or threatening to do the same; or 2) That other person is repeatedly committing acts, which harass or intimidate them, without a legitimate purpose. A child who could otherwise obtain a child abuse restraining order, can obtain a harassment restraining order instead. |
| Process for Obtaining a restraining
order: A restraining order is obtained through a two-step process. The person seeking a restraining order must file the appropriate petition with the circuit court. A judge or court commissioner will then decide, based upon the petition, whether to grant a temporary restraining order (TRO). If the TRO is granted it will specify the terms of the restraining order, and set a date for a hearing on the matter. The TRO must then be served on the other person before the hearing, in order to be valid. At the hearing the judge or court commissioner will then decide, based upon the evidence, whether to grant an injunction (restraining order) against the other person. The terms of the injunction may be different then the those on the TRO. The length of the injunction can be up to the maximum allowed by law, or some other lesser period of time, if agreed upon by the persons involved.
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