Restraining Orders During Divorce: Essential Protection and Legal Recourse for Victims in Wisconsin
Divorce can be emotionally challenging, and if you’re facing the added stress of domestic violence, ensuring your safety becomes paramount. Wisconsin law offers a safeguard in the form of restraining orders during divorce, empowering individuals to seek protection against abusive partners or individuals. In this comprehensive guide, we’ll address your questions about restraining orders during divorce and provide insights into the legal process. If you’re contemplating whether to seek a restraining order, read on for a clear understanding of your options.
Restraining Orders During Divorce: What is a Restraining Order?
A restraining order, as granted by a judge, acts as a legal injunction that restricts an individual from engaging in certain actions or contacting another person. In cases of domestic abuse, a restraining order can serve as a crucial protective measure, preventing an abusive spouse or partner from further harmful behavior.
Can You Only Get a Restraining Order if You’re Divorcing?
Seeking a restraining order isn’t exclusively tied to divorce proceedings. Whether you’re pursuing a divorce or not, if you’re a victim of abuse or facing danger, you have the right to request a restraining order. The law extends protection beyond marital relationships and covers various connections, including:
- Marriage
- Blood relations
- Sharing a child
- Living together (past or present)
- Dating
Restraining Orders During Divorce: 4 Types of Restraining Orders
Wisconsin law provides four primary types of restraining orders:
- Domestic Abuse
- Harassment
- Individuals at Risk
- Child Abuse
In cases of domestic abuse, you may be eligible to file a petition for a temporary restraining order or a petition and motion for an injunction hearing. These options are available if the abusive party has intentionally caused you physical harm, injury, illness, or has engaged in sexual abuse or threats of harm.
Restraining Orders During Divorce: How Long Do Restraining Orders Last?
The duration of restraining orders can vary based on their type. Temporary restraining orders, granted until a final hearing, may last a few weeks. At the final hearing, a judge can decide to issue an injunction, which can remain in effect for up to 4 years. In certain circumstances, you may request an extension of the injunction beyond the initial period.
Divorce is rarely straightforward, especially when domestic violence is involved. Victims must receive the necessary protection, and Wisconsin law acknowledges the complexities of such situations. When domestic violence intersects with divorce, the legal landscape transforms, with restraining orders playing a significant role.
Restraining Orders During Divorce
Individuals planning to divorce an abusive partner can find solace in domestic abuse restraining orders. In Wisconsin, domestic abuse encompasses threats or infliction of harm or injury by one adult to another within the same household, former spouses, or individuals with a child together. Stalking and property damage also qualify as forms of domestic abuse.
A victim of domestic abuse can file a petition for a restraining order, which may prevent the alleged abuser from further abusive actions. The order can also enforce distance from the victim’s residence and prohibit contact. Typically, a temporary restraining order is issued initially and remains effective for up to two weeks. Within this period, a hearing is scheduled to determine the necessity of a permanent injunction, which can extend for up to four years.
Restraining Orders During Divorce: Impact on Child Custody and Placement
Divorce proceedings in Wisconsin usually lean toward joint legal custody when considering children’s best interests. However, when a parent has a history of domestic violence or abuse, the law recognizes that awarding sole or joint custody to that parent is not in the children’s best interests.
Domestic violence also affects child placement decisions. If evidence of abuse is present, the court may impose restrictions on the abusive parent’s time with the children. These restrictions could include supervised visitation, refraining from overnight stays, or mandated participation in a certified treatment program for batterers.
Frequently Asked Questions about Restraining Orders During Divorce
Q1: How do I initiate the process of obtaining a restraining order in Wisconsin?
A: To initiate the process, you can refer to the step-by-step guidance provided here. This resource outlines the necessary steps and forms required to obtain a restraining order.
Q2: Where can I download the forms needed for obtaining a restraining order in Wisconsin?
A: You can download the required forms from the Wisconsin eCourts website, which offers downloadable forms for various legal processes, including restraining orders.
Q3: How can Dahlberg Law Group assist me in obtaining a restraining order during divorce?
A: The experienced attorneys at Dahlberg Law Group understand the complexities of domestic violence within the context of divorce. They can provide personalized guidance, support, and legal representation to help you navigate the process and secure the protection you need. Contact Attorney Latrice Knighton or Contact Attorney Paul Santilli for professional assistance.
Conclusion: Seeking Protection and Legal Guidance
When domestic violence intertwines with divorce, the legal course becomes intricate. Your safety and well-being deserve uncompromising attention, and restraining orders can provide a lifeline in tumultuous times. If you’re considering a restraining order during divorce or need expert legal counsel, the experienced attorneys at Dahlberg Law Group are here to help.
