DOMESTIC ABUSE INJUNCTIONS
What is a domestic abuse injunction?
It is an injunction (or court order) which prohibits the person it is issued against, (the respondent), from committing acts of domestic abuse or violence against the person who petitions for the injunction, (the petitioner). It requires the respondent avoid the petitioner's residence and to avoid contacting or causing any person other than a party's attorney to contact the petitioner unless the petitioner consents in writing. The Wisconsin domestic abuse injunction also requires the respondent to surrender any firearms he/she owns or has in his/her possession.
What is the definition of domestic abuse, specifically relating to the injunction?
Domestic abuse is defined as the intentional infliction of physical pain, physical injury or illness; the intentional impairment of a person's physical condition, a violation of 1st, 2nd or 3rd degree sexual assault; or the threat to engage in any of the conduct previously listed.
How to request a domestic abuse injunction?
The clerk of court will have the necessary forms required to request a domestic abuse injunction. There is no filing fee required by the court in order to request a temporary injunction pending a court hearing. A judge or court commissioner will review the petition for a domestic abuse injunction. If a temporary restraining order is issued after the court reviews the petition, a hearing must be held on the injunction within seven (7) days of the issuance of the temporary restraining order.
What must the court find at the hearing to grant a domestic abuse injunction?
The court must find that a petition has been filed alleging certain elements; and the respondent was served with the petition and the notice of the time of hearing; and the court finds there are reasonable grounds to believe the respondent has engaged in domestic abuse of the petitioner or based on prior conduct of the petitioner and the respondent, may engage in domestic abuse of the petitioner.
Is the injunction voided if the respondent is admitted into the petitioner's home?
The injunction is not voided by the petitioner allowing the respondent to enter into a dwelling the injunction directs him or her to avoid. The only way a domestic abuse injunction can be voided is to have the injunction dismissed through a court hearing or an agreement in writing between the parties to dismiss the injunction.
For how long can a domestic abuse injunction be granted?
For the time period the petitioner requests in the petition, but for no more than two years.
