QUESTION
What to do to reverse or get out of a restraining order?
Asked on Jul 13th, 2015 on Domestic Violence - Wisconsin
More details to this question:
My friend had a fight called police he left.then nested day started again.this time he threw things and broke things. Then went to police and tried to say she did it.but he got arrested from the charge last night.paid him self out and filed a restraining order on her . Now she is out of the hose till triall. What to do?can we ask to get it dropped and file one on him? Or what to do?
1 ANSWER
4 Awards
If your friend was served with a temporary restraining order, that order stands for 2 weeks. Both parties need to appear at the next court date and at that point, the court will take testimony from both parties and determine if there is enough evidence to warrant entering the temporary restraining order into a more permanent injunction, that can be issued under the statute for a period of up to 4 years. At this hearing, your friend can contest the allegations that she did anything violent against the other person. She will not be able to get it dismissed anytime before the date of the hearing on the injunction.
If your friend feels that this other person is a threat to her, and has engaged in prior acts of physical domestic violence against her either by threats or direct acts, she can apply for her own domestic abuse restraining order against this other person. The process works the same as outlined above. The initial temporary restraining order is issued for 2 weeks. After that, a court hearing is scheduled for both parties to appear to determine if an injunction should be granted for four years.
Answered on Jul 14th, 2015 at 11:06 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com