Who Can File a Domestic Abuse Restraining Order in Wisconsin?

 Posted on October 19, 2020 in Criminal Law

Throughout the United States, domestic violence has been a social issue of focus for the past couple of decades. Despite numerous campaigns and years of education dedicated to preventing domestic violence, it still remains a prevalent social issue. According to The National Domestic Violence Hotline, more than 12 million people experience some form of domestic violence each year. Situations that involve domestic violence are extremely tricky and are detrimental not only to the victim but also to the perpetrator. If the victim decides to pursue a restraining order, you could face criminal charges, among other consequences if you live in Wisconsin.

What Is Considered “Domestic Abuse?”

Domestic abuse is a complicated term. The state of Wisconsin has a very broad definition of domestic violence acts, leaving much of the interpretation to individual judges and courts. Currently, Wisconsin law defines domestic abuse as:

• Intentionally inflicting pain or injury

• Intentionally impairing the physical condition of the victim

• Committing sexual assault

• Stalking

• Intentionally damaging the property of the victim

• Threatening to commit any of the above acts

The main goal of a domestic abuser is to gain control over his or her victim. This can manifest in many different ways, such as through acts of physical, emotional, economical, and sexual abuse. This can appear in actions such as the following:

• Hitting, scratching, biting, or any other form of physically inflicting pain

• Constantly criticizing, ridiculing, or humiliating someone

• Forcing a person to have sex without his or her consent

Who Can Ask for a Temporary Restraining Order?

In cases involving domestic abuse, only certain people are able to file temporary restraining orders (TROs) against certain people. In Wisconsin, a domestic violence restraining order can only be sought by an adult petitioner and issued against a:

• Family member, such as a parent, child, or sibling related by blood

• Household member, meaning a person who currently lives or formerly lived with the petitioner

• Former spouse

• A person with whom the petitioner has a child in common

• A person with whom the petitioner has or had a dating relationship

Contact a Brookfield Domestic Abuse Defense Lawyer

If you have been accused of committing domestic abuse, you need to immediately speak with a knowledgeable Waukesha County criminal defense attorney. It can be simple for a person to falsely accuse you of domestic abuse when you did not actually do anything wrong. Attorney Peter Wolff of Bucher, Wolff & Sonderhouse, LLP was a former Brookfield police detective, so he knows how these types of cases are prosecuted. To schedule a free consultation to start building a strong defense, call our office today at 262-232-6699. We answer our phones 24/7.

Sources:

https://www.thehotline.org/stakeholders/domestic-violence-statistics/

https://docs.legis.wisconsin.gov/statutes/statutes/813/12

http://s3-us-east-2.amazonaws.com/edaw-webinars/wp-content/uploads/2018/11/14175257/II-C_1Restraining_Order_Grid-June2016aynXEV.pdf