Restraining Orders
RESTRAINING ORDER INFORMATION SHEET
There are five types of restraining orders (RO). They are
domestic abuse, harassment, child abuse, vulnerable adult, and foreign
protection order. These restraining orders are much different than the 72 hour NO
CONTACT ORDER. For our purposes, the domestic abuse restraining order and
the harassment order will be discussed.
Who is the petitioner?
The petitioner is the person who is "petitioning" or asking the
court for the restraining order.
Who is the respondent?
The respondent is the person who "responds" to the court as to what
is stated in the petition.
Domestic Abuse Restraining Order
A person is eligible for a domestic abuse RO if:
They are an adult victim of domestic abuse such as:
- Intentional impairment of physical condition
- Intentional infliction of physical condition
- Sexual contact or sexual intercourse without consent
- Threat of any of the above
The person that is abusing him/her is:
- An adult family member
- An adult with whom they now reside (household member)
- An adult with whom they have resided with in the past
- Victim and abuser have a child in common
One or both live in Kenosha County
Other information:
-- NO COST
-- Temporary Restraining Order for 7 days, Injunction Order up to 2 years
-- Automatic firearms surrender law
Harassment Restraining Order
A person may be eligible for a harassment order if:
They are the victim (adult or child) of harassment such as:
- Striking, shoving, kicking, or subjecting another to physical contact or
attempting or threatening to do the same.
- Engaging in course of conduct or repeatedly committing acts which harass
or intimidate another person and which serve no legitimate purpose.
The person that is harassing him/her is:
One or both reside in Kenosha County.
Other information:
- The petitioner may be an adult or child but parents need to petition on
the child’s behalf in this county. A guardian will be assigned.
- Cost for filing a harassment order if $164 ($124 for filing, $40 to
serve). PETITIONER CAN ASK THE COURT FOR THE RESPONDENT TO PAY.
- Temporary Restraining Order is for 7 days, the injunction can be up to 2
years.
- There is no automatic firearms surrender, but may grant it if they can
prove the respondent may use a firearm to injure the petitioner.
Process for a Restraining Order:
Fill out paperwork with an advocate or on your own. Paperwork includes a
written statement.
Go to Room 109 at the courthouse and ask for the court commissioner to sign
the TRO. If accepted, he will assign a date one week later for the
injunction hearing.
Go to the sheriff’s department to have him served. Once the respondent is
served with the TRO, it is in effect and the respondent may not contact the
petitioner.
Petitioner must be on time the day of the injunction hearing or it will be
dismissed. The respondent has the opportunity to appear.
Both parties may explain and give evidence for each side.
Court commissioner will grant RO if the petition meets the mandates of the
law.
RO can be for up to 2 years.
Domestic Abuse Restraining Orders can:
- Order the respondent to avoid the petitioners residence or any premises
temporarily occupied by the petitioner.
- Order the respondent to avoid contacting or causing an other person other
than an attorney to have contact with the petitioner.
- Order the respondent to refrain from acts of domestic abuse.
- Any combination of the above. A victim may ask for the next two.
- Accompany the petitioner and place her in possession of her home.
- Remove the respondent from home if living together.
Harassment Orders can:
- Order the respondent to avoid the petitioners residence or any premises
temporarily occupied by the petitioner.
- Order the respondent to avoid contacting or causing any other person other
than an attorney to have contact with the petitioner.
- Order the respondent to refrain from acts of domestic abuse.
- Any combination of the above. A victim may ask for the next two.
- Accompany the petitioner and place her in possession of her home.
- Remove the respondent from home if living together.
Harassment Orders can:
- Order the respondent to cease or avoid harassing another person. The
petitioner needs to specify each kind of harassing behavior which the
respondent has done because the our can only order the respondent to
discontinue doing all the types of behavior which the petitioner say
occurred.
Advocates from the Domestic Violence Project and Women and Children’s
Horizons are available to assist victims throughout the entire process.
Pathways of Courage - A Center for Survivors of Sexual and Domestic
Violence 656-3500
Hotline 657-5272 or 1-800-594-5272
Women and Children’s Horizons (262) 652-9900 or 1-800-853-3503
Restraining Order Room (262) 653-2767
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