If someone files a restraining order or an injunction against you, we understand that you probably feel overwhelming stress and anxiety over how your situation will play out. Jasti, Zehawi & Johnson, LLC knows how deeply these legal actions can impact your life and your freedom, and we’re here to provide the guidance and defense you need.
Our experienced attorneys can assist with a wide range of allegations, including accusations of domestic abuse, stalking, and harassment. Protect your rights and let our team stand in your corner as you navigate your next steps.
The State of Wisconsin has clear laws regarding the use of restraining orders and injunctions. Both are legal tools designed to prevent one person from contacting or approaching another. Typically, a person will seek these orders if they feel threatened or have been harmed by someone. Unfortunately, though, these court orders can sometimes be sought for power dynamics and/or to seek revenge.
However, being served with a temporary restraining order and petition for injunction does not mean you are guilty of any wrongdoing. At times, individuals may use these proceedings to seek revenge. Although Wisconsin has strong laws against perjury and false swearing to the courts, legislative bodies, and other legal entities, some people may still lie or embellish claims to obtain a temporary restraining order and petition for injunction.
But what exactly is the difference between these two legal instruments? Understanding the process and difference between the two can help you understand what you are up against and how an attorney can help.
Wisconsin issues temporary restraining orders (TROs) that typically prohibit the respondent from having contact with the petitioner or their residence, or otherwise harassing them. In addition to prohibiting verbal contact, respondents are barred from being within a proximity of the petitioner’s:
The judge may include other terms as well, such as prohibiting the respondent from contacting the petitioner electronically or through a third party.
A petition for a TRO must be filed with the court. If the judge or commissioner finds “reasonable grounds” to believe that the other party has harassed, committed violence against, stalked, or otherwise intimidated the petitioner, they can grant the TRO.
If you have been named as a respondent in a TRO petition that’s been granted by the court, you will be served. Once you have been served, the restraining order becomes legally enforceable, and any violation could result in criminal charges. You will be provided with paperwork that also includes the date, time, and location of your Injunction Hearing.
A temporary restraining order typically lasts until the hearing date. If you have been named as a respondent in a temporary restraining order petition, the hearing date is your opportunity to defend yourself and contest the other party’s claims and argue that the more permanent injunction should not be ordered. Jasti, Zehawi & Johnson, LLC can help you prepare for your hearing date and represent you in court.
Unlike the temporary restraining order that may be ordered prior to the Injunction Hearing, an injunction is a long-term court order that prevents a respondent from taking specific actions, if the judge at the hearing determines there are reasonable grounds to order it. An injunction typically includes many of the same provisions as a temporary restraining order but may add other requirements as well.
The State of Wisconsin places several limits on injunctions. Depending on the nature of the allegation, your injunction could be in force for anywhere from one to four years (typically), and potentially up to a decade or more in certain instances.
The repercussions of an injunction can be severe and include the loss of your right to possess firearms, have contact with your children, travel through certain areas, and can damage your reputation. That’s why it’s vital for you to obtain experienced legal representation before your hearing date. Jasti, Zehawi & Johnson, LLC will fight for your rights and work to mitigate the impacts of the petitioner’s request.
There are several types of restraining orders and injunctions issued in Wisconsin. The two most common include domestic violence restraining orders and harassment restraining orders.
Domestic Violence restraining orders can be filed against someone who lives with or has had a recent dating relationship with the respondent if their petition alleges domestic abuse, stalking, sexual assault, or threats to engage in the same. Family members, partners, or other parties who share a close relationship can also file a request for a domestic violence restraining order. For example, a person could petition the court for a restraining order against their adult child who has exhibited violent tendencies.
On the other hand, a petition for a harassment restraining order and injunction can be filed against anyone the petitioner alleges has engaged in stalking or engaged in a course of conduct that serves no legitimate purpose. Obviously, harassment restraining orders allow for much more broad allegations than domestic violence restraining orders, and can apply to anyone regardless of their relationship to the petitioner.
If someone has filed a petition for a restraining order and injunction against you, it’s crucial to recognize that you have rights and to act fast. The timelines for the court to hold an Injunction hearing is 14 days after the filing of a petition, so if you are served with a restraining order, it is imperative to contact an attorney immediately.
While the petitions for restraining order and injunctions do not constitute a criminal charge, violating the terms of a restraining order or injunction after you have been served can result in criminal charges.
Our firm works with both petitioners and respondents in these types of cases. Our lawyers are especially well-versed in representing respondents and can step in to protect your rights.
First, we will help you understand the allegations made against you. Our team will thoroughly review the petition and all supporting documents the petitioner presents to the court. We will work with you to gather evidence and identify inconsistencies in the petitioner’s claims and work to gather our own witnesses and documents to present in your defense.
An injunction can have significant consequences, affecting your personal and professional life. If the judge grants an injunction against you, it may impact you by:
You may be prohibited from going to certain places, such as your home, your workplace, or your child’s school.
If you have a child with the petitioner, an injunction may impact your ability to see them and could have long-term consequences on your relationship with them.
An injunction can damage your reputation, both personally and professionally.
Any alleged violation of a restraining order or injunction can result in criminal charges, which may result in jail time.
Jasti, Zehawi & Johnson, LLC has extensive experience representing respondents facing petitions for temporary restraining orders and injunctions. Our legal professionals will investigate the allegations, work with you to fashion a vigorous defense, and fight for you in court.
If you are named as a respondent in a temporary restraining order or petition for an injunction, it’s important that you act fast, as these cases involve strict time limits (14 days). The sooner you understand the allegations made against you and start working with an attorney who can assist in gathering evidence to support your defense, the better chance you have at protecting your reputation.
The experienced legal team at Jasti, Zehawi & Johnson, LLC can represent you during the legal proceedings that follow a TRO petition. Our attorneys will determine the nature of the allegations and fight for your rights. Schedule a free consultation today.
