Question: What is a restraining order? How can it impact a domestic violence case in Wisconsin?

Answer: A restraining order is when one person requests the court to order that another person not be allowed to contact him or her in any way. It is a civil proceeding. But violating the no contact order, the restraining order, and having contact is a crime. The restraining order can be issued for up to four years and, in some circumstances, it can require that the person being restrained not have any firearms in their possession during the time of the order. It can have some impact on both domestic violence and family court proceedings, so it’s something that needs to be paid careful attention to. However, generally, it’s not going to have a very direct effect unless there is some testimony or evidence that is taken in the restraining order hearing that might affect a criminal case, usually a domestic violence case. However, we’ve even seen cases in domestic violence issues where it’s helpful to have a restraining order. It shows that this person has already got a civil restraining order and there’s no need to have a criminal proceeding necessarily, depending on the circumstances.

Return to Video Library

Helpful Videos

Click Here To Browse Our Video Library

Watch Here

Ask Tracey A Question

Send Us Your Questions Today!

Get Started Now

Wisconsin Criminal Fact Guide

Download Our Guide & Audio Questions

Listen Now