How To Obtain Or Challenge A Restraining Order

If you or your children are in danger, you should contact the police or a domestic abuse shelter immediately. Our firm will assist our clients in filing and obtaining a restraining order or injunction if necessary. If a restraining order has been filed against you, we can provide you with advice on how to proceed. If related to your divorce or family law matter, our lawyers can handle all issues related to restraining orders and orders for protection, including:

  • Domestic abuse
  • Child abuse
  • Harassment
  • Custody and placement issues
  • Safety issues
  • Issues with drug and alcohol addiction

Domestic violence is very real, and law enforcement takes allegations of domestic and child abuse seriously. However, this issue also can be used as a weapon in contested divorces. Our lawyers have seen many instances in which false charges of domestic violence were made in order to give the accuser the upper hand in a custody dispute or other family law matter. Whatever your situation is, our attorneys will represent our clients in restraining order matters.

Consequences Of A Restraining Order

A restraining order will make it illegal for the abuser (the respondent) to come within a certain distance of the abused (the petitioner). The respondent can be ordered to remain a certain distance from the petitioner's home and place of employment, even if they live and work in the same place. A restraining order can also significantly affect custody and placement orders.

A restraining order is granted on a temporary basis, usually two to three weeks, until there is a hearing to determine if an injunction should be granted. If an injunction is granted, it can last up to four years.

Process After Initial Filing

Once a restraining order petition is filed, the family court commissioner meets with the petitioner to determine whether there is probable cause for a restraining order to be granted. If that determination is made, the court issues a temporary restraining order. During this time, the respondent cannot have any contact with the petitioner.

In approximately one week to 10 days after the temporary restraining order is issued, both parties must appear at a hearing for the commissioner to determine whether there are grounds for an injunction to be issued for up to four years. If the judge keeps the order in force, it can last for up to four years. Otherwise, the restraining order petition can be dismissed on the day of the hearing. Both parties may hire attorneys to represent them at this hearing.

Both parties have rights and both parties' homes and families are at stake. Nelson, Krueger & Millenbach, LLC, can represent you. For a free initial consultation, contact us at (414) 939-0529.

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