To fight or appeal a restraining order in Wisconsin, attend the injunction hearing and present your evidence. If a court commissioner granted the injunction, you can ask a circuit court judge for a new hearing. If a judge decided it, you can appeal to the Court of Appeals. Both deadlines are short and must be met.
A restraining order case has two parts. A temporary restraining order can be issued without notice to you and lasts until the injunction hearing. The injunction hearing is your main chance to fight a restraining order in Wisconsin, and you can respond in writing or orally. In a domestic abuse case, the court can grant an injunction only if it finds reasonable grounds to believe domestic abuse occurred or may occur. Knowing what proof is needed for a restraining order in Wisconsin helps you prepare.
If a court commissioner decided the injunction, any party can ask a circuit court judge to hear the case again under Wis. Stat. § 813.126, and a strict deadline applies. The judge does not rely on the earlier hearing, so you must present your evidence and witnesses again. The commissioner’s order stays in effect until the judge rules.
A judge’s final order can be appealed to the Wisconsin Court of Appeals, and the appeal deadline is short. An appeal does not automatically stop enforcement of the order. For a domestic abuse injunction, the court may not change the order based solely on the respondent’s request.
Obey every term while you challenge the order, because violating an injunction can lead to arrest and criminal charges. If a domestic abuse injunction is granted, you are prohibited from possessing firearms and must surrender them within a short deadline. Bring messages, records, and witnesses to the hearing. Firearm rules differ among the types of restraining orders available during a Wisconsin divorce, and the restraining order process against a spouse in Wisconsin explains each step.
Renier Hotopp Law Offices helps respondents fight or appeal a restraining order in Wisconsin through its restraining order attorney services. Learn more about the firm.
