Restraining Order Violation Lawyer Milwaukee, Wisconsin

A harassment restraining order is typically issued when there’s no close domestic relationship between the parties, while a domestic violence restraining order applies to situations involving family members, household members, or people in a dating relationship. Under Wisconsin law, both types can begin as temporary orders and may become permanent orders after a court hearing. These orders impose restrictions on the respondent, including no-contact requirements and a minimum distance from the other party. Violating either order can result in a criminal charge, even if the contact seems minor or unintentional.

Violating a temporary restraining order or an injunction is prohibited under Wisconsin law. [Wis. Stat. §§ 813.12, 813.122, 813.123, 813.125]

Most first-time violations are charged as misdemeanors in criminal court, punishable by up to 9 months in jail and a $1,000 fine, but certain circumstances can elevate the situation to a felony. This includes being a domestic abuse repeater, meaning you have prior domestic violence convictions or a related incident within 72 hours. It also includes possessing a firearm while subject to an injunction, which is its own separate felony. A judge will also weigh whether there was alleged assault or physical injury when deciding how to handle the case. If convicted, you may face a criminal record, jail time, fines, and long-term consequences that follow you well beyond the case itself.

A temporary restraining order in Wisconsin is issued by a judge or court commissioner, not by police. The court must hold a hearing on the injunction within 14 days after the temporary order is issued, unless the parties consent in writing to more time or the court extends it once for 14 days because the respondent has not been served despite the petitioner’s due diligence. [Wis. Stat. § 813.12(3)(c)] A domestic abuse injunction runs for the period the petitioner requests, up to four years. [Wis. Stat. § 813.12(4)(c)1] It can run up to 10 years if the court finds by a preponderance of the evidence a substantial risk that the respondent may commit intentional homicide or sexual assault against the petitioner, and it can be made permanent if the respondent has been convicted of sexual assault under Wis. Stat. § 940.225(1) to (3) with the petitioner as the victim. [Wis. Stat. § 813.12(4)(d)]

In some cases, yes, depending on the circumstances. A defense may focus on whether the order was clearly understood, whether the alleged violation actually occurred, or whether the evidence supports the prosecution’s claims. The state has to prove you knew the order had been issued and knew your act violated its terms, and if that element fails, the charge fails with it. [Wis JI-Criminal 2040] Other possible defenses include demonstrating that contact was accidental rather than intentional, or that the terms of the order were unclear.

If you have a court hearing scheduled for a permanent restraining order or related contact orders, it’s important to take it seriously and prepare properly. Ignoring the hearing or failing to appear can lead to more severe consequences than showing up and presenting your side. These hearings are formal proceedings where both sides can present evidence, testimony, and arguments before a judge. The outcome can affect your ability to contact the other party, your living arrangements, and your rights moving forward. Working with our restraining order violation attorneys can help you fight for your position, present your side clearly, and make sure your rights are protected throughout the process.