If you are faced with domestic abuse, seeking a restraining order is an important step in navigating your legal rights. A restraining order is a powerful tool that can safeguard victims of domestic violence and provide much-needed peace of mind. To ensure the process of filing for a protective order runs smoothly, it’s critical to understand not only what this type of legal action entails, but also what type of qualifying criteria must be met. In this blog post, we’ll review all the key elements involved in obtaining a domestic abuse restraining order—so if you’re considering taking such precautionary measures to keep yourself safe from an abusive partner or family member, read on for everything you need to know.

If you have questions about this or any other topic related to restraining orders, click here to contact Ohiku Law Office today. 

Types of Wisconsin Restraining Orders

When it comes to restraining orders in the state of Wisconsin, there are four main types that individuals can file for. A Domestic Abuse Restraining Order (DARO) is specifically designed to protect adults from a current or former partner who has been engaging in domestic abuse or violence. A Child Abuse Restraining Order (CARO) protects minors under the age of 18 from physical and emotional abuse by a parent or guardian.

For those at risk of harm without an abuser present, a Restraining Order for Individuals at Risk can be obtained. This type of order is issued when an individual’s safety is threatened due to mental health issues, drug or alcohol use, or disability. Finally, Harassment Restraining Orders (HROs) are used to protect victims of stalking, harassment, or unwanted contact with another person. Regardless of which type is being requested, all restraining orders must comply with Wisconsin law before being granted.

What is a Domestic Abuse Restraining Order?

A Domestic Abuse Restraining Order (DARO) is a court order issued to protect individuals from abuse and domestic violence committed by someone who is currently or was formerly in an intimate relationship with the victim. This type of restraining order may include provisions such as prohibiting contact, preventing the abuser from entering the victim’s home or workplace and requiring that the abuser additional stay away from any children shared between them. DAROs also provide for temporary legal and physical custody of children if needed. In some cases, a judge may also order therapy or other services for either party involved.

A DARO can only be filed against certain individuals, such as family members, household members, spouses or former spouses, people with whom the victim has had a child in common, or caregivers and guardians.

How to File for a DARO

Filing for a Domestic Abuse Restraining Order (DARO) is usually the first step a victim of domestic violence and abuse takes to protect themselves from their abuser. The process typically involves filling out paperwork at local courthouses and submitting it to the court. This paperwork will inform the court of the specifics of the situation, such as when and how often abuse has occurred and which individuals are involved.

In addition, victims may need to provide evidence such as testimony from witnesses or medical records that support their claim. Depending on the circumstances, victims may also be asked to provide identification or proof of residence in order to proceed with the filing. Once the forms have been submitted, they will be sent to a judge who will make a decision on whether or not to issue the restraining order based on all available evidence.

Filing for a DARO can be an intimidating process if done alone; an experienced attorney like our team at Ohiku Law Office can help you. Additionally, advocacy groups such as domestic violence shelters can also provide resources and facilitate access to legal aid when needed.

The Importance of Saving Evidence

Oftentimes, victims of domestic violence and abuse know that reporting their abuser will have consequences. In these situations, it is important to keep evidence of the abuse, even if it means going against the wishes of the abuser. This can include taking pictures of any bruises or injuries they may have sustained, as well as keeping any emails or messages that are sent by the abuser. Additionally, victims should try to share this information with someone outside of their household who they trust and can help protect them in case the abuser attempts to destroy evidence.

In addition to collecting evidence, it is helpful for victims who are in a situation where consequences for reporting exist to confide in coworkers or other people outside their home environment who may be able to provide support. Doing so can create a sense of safety and security if push comes to shove and an application for a restraining order needs to be filed at a later date. All forms of evidence will be important during any evidentiary hearings for restraining orders.

Need Support? Ohiku Law Can Help

Our attorneys at Ohiku Law Office in Milwaukee have extensive experience and compassion for victims of domestic abuse who are looking to obtain a restraining order. We understand the complexity of these situations and have the knowledge and resources necessary to ensure that all legal requirements are met.

Our firm is well-versed in all aspects of obtaining a Domestic Abuse Restraining Order (DARO) in Wisconsin, from filing paperwork to appearing in court on behalf of the victim. We work directly with the petitioner or their representative to ensure that they understand the process and prepare them adequately for their case. Ohiku will assist with any paperwork needed by providing detailed documentation, forms, and affidavits, and advise on any legal procedures that may need to be taken.

At Ohiku Law Office, clients dealing with domestic abuse can find comfort in knowing that they are being represented by experienced professionals who truly care about their situation. From helping them secure a restraining order to offering emotional support throughout the process, Ohiku Law Office provides compassionate and comprehensive legal services to all its clients.

If you would like to speak with an attorney about domestic abuse restraining orders call Ohiku Law Office at 414-287-0088.

Video Transcript:

Hi, I’m Felicia Owen, and I’m an attorney at Ohiku Law Office. These next couple of minutes will be about domestic abuse restraining orders.

There are four types of restraining orders that you can get in the state of Wisconsin: a domestic abuse restraining order for adults, a child abuse restraining order, a restraining order for individuals at risk, or a harassment restraining order.

For the purposes of this video, I will be focusing on the domestic abuse restraining order for adult victims.

A domestic abuse restraining order is unique in the sense that it can only be filed against certain individuals. Those individuals include a family member, a household member, a spouse or former spouse, someone with whom you have a child in common, or a caregiver or a guardian.

In order to get a domestic abuse restraining order, the court must find that there are reasonable grounds to believe that any of the following have occurred: an intentional infliction of physical injury, sexual assault, stalking, damage to property, or a threat to engage in any of those activities.

It is not uncommon for victims to withhold on reporting because they are stuck in a situation where there are consequences if they do report. I do always suggest for victims in these situations to try to maintain evidence, document everything, and outsource that information outside of their household. Examples of this can be taking pictures of injuries, even if the abuser claims it was an accident. If there was a bruise left, take a picture and share it with someone outside the household.

You want to make sure someone outside of the household has this information or you can trust with this information if possible because oftentimes abusers will break phones or computers if they believe there is evidence in there that they believe can get them in trouble at a later time. If you can’t do that, at least try to send yourself emails or confide in a coworker at work. Anything you can do to keep some kind of evidence will be helpful when you have your evidentiary hearing for a restraining order.

If you would like to talk with an attorney about getting a domestic abuse restraining order, please feel free to call our office at 414-287-0088.