LAW OFFICE OF
Affordable, Conscientious, & Forceful Advocacy
West Bend, Wisconsin 262-353-9329
Restraining Orders
Restraining Orders
Put Your Need for Protection First - Restraining Orders
You don't have to live in fear - if your spouse or domestic partner is harassing or abusing you or your children, you can get a legal order that prevents that person from having contact with you. Learn more by contacting the Law Office of Sallie L. Rubenzer today.
Find the Support You Need
Law Office of Sallie L. Rubenzer will work with you to decide what kind of restraining order fits your situation:
- Domestic abuse - if they've caused you or threatened you with physical or sexual pain or injury
- Harassment - if they've repeatedly acted in a harassing or intimidating manner or attempts to subject you to physical contact
- Child abuse - if your child has been physically injured by other than accidental means
A Two-Step Process
From petitioning for a temporary restraining order for your immediate protection to appearing in court for the injunction hearing, attorney Sallie L. Rubenzer will be with you every step of the way to provide you with both the compassionate support and experienced legal counsel you need.
A restraining order is a court order that prohibits one person from having contact with another. Restraining orders are generally used when one person wants protection from another.
Three types of restraining orders or injunctions can be obtained for a number of reasons, including:
- Domestic Abuse: If another adult has intentionally caused you physical pain, physical injury or illness; or has intentionally impaired your physical condition; or violated any Wisconsin sexual assault law; or threatened to harm you physically or sexually, you may ask for a domestic abuse restraining order
- Harassment: If another adult attempts, threatens or does strike, shove, kick or otherwise subject you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose, you may ask for a harassment restraining order
- Child Abuse: If a child is physically injured by other than accidental means, is a victim of sexual assault or exploitation, or is permitted or forced to violate prostitution laws, or is emotionally damaged, the child, a parent, stepparent, or legal guardian may ask for a child abuse restraining order
A Two-Step Process
A party who asks for a restraining order is called a petitioner, because they petition the court to order another person to stay away from them. The person being asked to stay away is called the respondent, because they have the right to "respond" to the court as to what is said in the petition.
Step 1: Temporary Restraining Order (TRO)
People ask for TROs because they need immediate protection. To obtain one:
- Decide which type of restraining order fits your situation
- Fill out forms asking for protection, giving specific examples of the abuse
- Take the clerk of courts in your county. The office where you obtained the forms can tell you where they should be returned
- The judge or court commissioner may issue a restraining order for up to 14 days. If a TRO is ordered, a date for the next hearing is set
- A law enforcement agency will serve the TRO on the respondent. Meaning, the person is officially notified to stay away from you "temporarily," and is informed of the types of abuse you say happened and the next court hearing
- Obtain written proof from law enforcement that the TRO was served, because the court will ask for that proof at the Injunction Hearing
Step 2: The Injunction Hearing
- You must appear in court to obtain a restraining order or "injunction." The time and place for this hearing was set during the TRO hearing
- The court official will allow you and the respondent to testify. It is important to bring information such as photographs or medical reports that back up your story. Witnesses must appear in court to testify, and you may need to subpoena them
- If the court official finds you are in continued danger, he or she will issue a restraining order for up to four years
- At the end of the hearing the court official will tell you whether the restraining order is still in effect and for how long
- You may ask the court to set a time for the respondent to collect his belongings if you lived together. You may ask that a police officer to be present at that time
- You will be given a copy of the court's order. If the respondent is not at the hearing, the order will be served on him by law enforcement
Step Parent Adoption
Stepparent adoption is governed by State law. Most States make the adoption process a little easier for stepparents, but requirements for home studies, criminal background checks, and procedures for obtaining consent of the noncustodial parent vary widely by state.
Who Must Consent
If you want to adopt a stepchild, you must have the consent (or agreement) of both your spouse and the child’s other parent (the noncustodial parent) unless that parent has abandoned the child.
By giving his or her consent, the noncustodial parent gives up all rights and responsibilities, including child support. In addition, in nearly all states, an older child must consent to being adopted by his or her stepparent.
Schedule your consultation today!
262-353-9329
Put an end to harassment and abuse with a restraining order.