You’ve just been served with a restraining order. What do you do next? First, it’s important to know a little background information on how restraining orders work in Wisconsin.
Restraining Order Process
In Wisconsin, when a person wants to get a restraining order against someone else in they must first apply for a TRO (Temporary Restraining Order). This grants the applicant temporary relief in the event that they are in immediate danger. Then the applicant sets a date for an injunction hearing – where the court will hear their case and make a ruling on whether or not a restraining order should be granted. If you’ve been served with a restraining order, you will receive information in the mail regarding where and when the injunction hearing will take place. If you think the restraining order is unwarranted, this is the place to plead your case. You are not required to appear at the injunction hearing, but this is the place where the presiding commissioner or judge will hear all the facts of the case before making a ruling.
You should come to the injunction prepared to discuss the circumstances surrounding the case and your relationship with the person applying for the restraining order. No matter what happens, remain respectful and calm during the hearing and do not let your emotions run wild. If you start yelling and screaming during the injunction, the presiding judge will surely take this into account before making a decision. If the judge grants a restraining order at the injunction, you will be legally required to abide by the terms of the order. If you believe the restraining order is unwarranted and want to try to appeal it, a defense lawyer can help walk you through your options. For more information, read our previous blog on how to obtain a restraining order.