A Restraining Order is a civil protective order that can be filed against any adult person that has committed an act of domestic abuse or harassment against you, or child abuse against one or more of your children.
There are three types of Restraining Orders. These include:
Domestic Abuse Restraining Order - Statute defines Domestic Abuse as "an intentional infliction of or threat to inflict physical pain, physical injury or illness; impairment of physical condition; or sexual contact or sexual intercourse without consent. There must be facts showing an imminent danger of physical harm."
Harassment Restraining Order - Statute defines Harassment as "(a) striking, shoving, kicking or otherwise subjects the person to physical contact or attempts or threatens to do the same. (b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose."
Child Abuse Restraining Order - Statutes define Child Abuse as "physical injury, sexual intercourse, sexual exploitation, permitting, allowing or encouraging the child to violate prostitution laws, forcing a child to view sexual activity, exposing genitals or pubic area to the child, causing the child to expose genitals or pubic area, and emotional damage to the child."
How do I Apply for a Restraining Order?
- You can apply for a Restraining Order with the Clerk of Circuit Courts in the Ozaukee County Justice Center, which is located at 1201 S. Spring Street in Port Washington. In-person office hours are 8:30 am to 5:00 pm Monday through Friday.
- You can also obtain the paperwork from Advocates of Ozaukee and complete the paperwork with an advocate.
- You will need to write a statement explaining what event caused you to seek legal protection. Include facts about the date, time and place of the event(s), and what was said or done by the abuser.
- You do not need an attorney, although you can hire an attorney to help you. Remember that the abuser may hire an attorney, and that you will need to prove your case in a hearing held by a judge.
What Can I Request on the Order?
- Vacate Order - The abuser is ordered to move out and stay away from your home, including any place you are living temporarily. The Sheriff's Department can be asked to assist you in moving back into your home and getting the abuser out.
- No Contact Order - The abuser is ordered to not contact you, or have anyone else contact you except an attorney.
- No Abuse Order - The abuser is ordered not to hurt you, not to attempt to hurt you, and not to threaten you.
What Happens After I Fill Out the Request Forms?
- After a court commissioner or judge reads your statement, a Notice of Hearing will be issued. It will give you a date when you must return to court to ask for the 4-year injunction. If your statement shows the commissioner or judge that you are in imminent danger of physical harm or that you are being harassed or that child abuse has occurred, a Temporary Restraining Order will be issued and will be in effect until the court hearing.
- The Sheriff's Department will serve (deliver) the Notice of Hearing and the Temporary Restraining Order to the abuser.
- THE TEMPORARY RESTRAINING ORDER IS ONLY VALID AFTER THE ABUSER IS SERVED. Once served, the respondent must abide by all stipulations listed on the paperwork.
- At the court hearing, both parties will get a chance to tell the judge their side of the story. The judge will decide whether to grant the Restraining Order at that time.
- If the abuser does not show up in court, the judge will still hear your story and can give you the 4 year Restraining Order.
- If you wish to make changes to your order such as adding, changing, or removing something, YOU MUST RETURN TO COURT TO DO SO.
- A Domestic Abuse Injunction (A Restraining Order) will require an abuser to surrender all firearms that the abuser owns or possesses to the Sheriff's Department or to another person selected by the judge.
- An advocate can assist you through this process.