Once “Temporary Restraining Orders,” also known as a TROs, are filed, a Commissioner decides whether there is probable cause for the TROs to be granted. If it is granted, the Respondent cannot have any contact with the Petitioner during the time the parties are waiting for their hearing.
The parties will receive a hearing date within 14 days. The first hearing is called an injunction hearing. At the injunction hearing, both the Petitioner and Respondent must appear, and the Commissioner will hear evidence from both sides to determine whether an injunction should be granted. They will base their decision on the facts given in the written petition. An injunction may be issued for up to four years, or it can be dismissed.
As many people have shared, it is incredibly valuable to have a knowledgeable attorney supporting you throughout this process. Be sure to visit Renier Hotopp Law Offices, LLC’s testimonials page for a deeper look at what we can provide for you.
FAQs about Restraining Orders
How long does it take to get a temporary restraining order?
A TRO can be obtained nearly instantly if the judge or court commissioner who reviews your petition believes s/he has reasonable grounds to grant it. The injunction hearing to extend the TRO to a permanent injunction must be held within 14 days of the filing of the Petition, unless the time is extended for an additional 14 days by the court upon on written consent of both parties, if a new judge is requested, or if the respondent was unable to be served.
What if I disagree with the Commissioner’s decision?
If the first hearing is held before a court commissioner, both the Petitioner and Respondent have the option to request a “de novo review,” or new hearing before the judge. Regardless of whether the Commissioner grants or dismisses the injunction, the non-prevailing party has a certain number of days (depending on the county) to request a de novo review by filing a request with the Court. After the request for a de novo hearing is filed, a new hearing will be set, and if the commissioner initially granted the restraining order, it remains in effect until the date of the de novo hearing.
Renier Hotopp Law Offices, LLC Are Here for You
We understand that involvement with a restraining order can be stressful. Our family law firm handles all aspects of Wisconsin restraining orders, including filing the correct paperwork, guiding you through the process and representing you at your hearing. Whatever your circumstances are, we are here to represent you in restraining order matters. Please submit our online form, call (262) 977-7717 or email: Legal@TheRHLawOffice.com for a consultation.