In 2021, over 70,000 referrals were made to Wisconsin child protective service agencies for child maltreatment. It is important for individuals to understand their options when it comes to protecting children from abuse and neglect. One such option is a Child Abuse Restraining Order (CARO). This blog will provide an overview of what a CARO is, how it can be used, and situations where it might be most beneficial. Hopefully, by the end of this blog post, you’ll have a much better understanding of Child Abuse Restraining Orders and know when one could help protect the well-being of a minor child.

For questions or support with CAROs, click here to contact Ohiku Law Office today. 

What is a Child Abuse Restraining Order?

A child abuse restraining order (CARO) is a court order that seeks to protect children from the harmful actions of adults or other individuals. It is most commonly used when there’s a reasonable expectation that the defendant has hurt or will hurt the child, either physically or emotionally. It may include provisions such as prohibiting contact between the defendant and the child, ordering supervised visits, providing access to counseling services, or regulating specific behaviors within certain areas like living arrangements and schooling.

CAROs are typically issued in cases of domestic violence, sexual abuse, drug or alcohol abuse, parental kidnapping, physical assault, neglect, and abandonment. They can also be used in cases where an adult is about to move away with a child without the consent of a parent. CAROs are meant to provide safety for victims and help them get the support they need.

Who Can File?

A child abuse restraining order (CARO) can be filed by a parent, legal guardian, step-parent, or guardian ad litem.

When filing for a CARO, the petitioner must provide proof of the child’s relationship to them as well as details about the abusive behavior that has occurred. This can be done through evidence such as police reports, photographs, witness testimony, and other documents that show the defendant has hurt or threatened to hurt the child either physically or emotionally. It is important to note that filing for a restraining order does not necessarily mean that it will be granted — each case is considered on its own merit.

After a petition has been filed in court with all necessary information provided, the court will then make a decision based on whether there is sufficient evidence to grant it. If granted, the court order may include provisions such as prohibiting contact between the defendant and child; ordering supervised visits; providing access to counseling services; or regulating specific behaviors within certain areas like living arrangements and schooling. The duration of the CARO depends on the specifics of each case but typically lasts for three years from when it was granted by the court.

Questions about this process? Contact the experienced family law attorneys at Ohiku Law.

What Are the Grounds for a CARO?

In order for the court to grant a child abuse restraining order, they must find reasonable grounds to believe that any of the following has occurred:

Physical injury by other than accidental means. Physical injury can include direct contact with the minor such as hitting, pushing, striking, or other types of manipulation as well as intentional deprivation of shelter, food, clothing, and medical care.

Exposure to sexual activity, contact, intercourse, or assault is also grounds for a CARO. This type of abuse involves exposing or participating in unwanted and inappropriate sexual activities with a minor child. It can take different forms such as verbal comments about the victim’s body or physical advances toward the victim. The victim does not need to be subjected to this type of conduct in order for it to constitute abuse – even if the abuser only threatens certain acts toward the victim, it is still considered abuse.

The act of manufacturing meth in front of a minor child also constitutes child abuse and could be grounds for a CARO being granted. Manufacturing meth is a dangerous process and exposes children to highly toxic materials which have serious long-term health effects and risk of death or injury.

CAROs may also be granted when there is evidence that emotional damage has been done due to any form of maltreatment including verbal threats and degradation. Emotional harm can have devastating effects on children’s development leading to poor performance at school and difficulty forming relationships with peers later on in life.

Finally, CAROs may also be granted when there is evidence that any of these acts were threatened even if they did not occur yet. This serves both as a preventive measure as well as recognition that an imminent danger exists within this family dynamic where potential harm can occur at any time if steps aren’t taken immediately.

Distinct to a child abuse restraining order is that it may only be granted for up to two years or until the minor child turns 18, whichever of those two occurs first. This means that the court order will likely expire when the minor turns eighteen unless it is renewed before then by a judge.

A child abuse restraining order may be granted for up to five years if the court finds by a preponderance of evidence that there is a substantial risk of homicide or sexual assault. It is important for judges to take into consideration this extra level of severity and grant longer terms in appropriate circumstances. A preponderance of evidence in this context means that there must be more than a 50% chance that these acts are probable or will happen. The longer duration provides important protection from any further danger as well as creating an environment with long-term healing benefits for victims of abuse.

If you are interested in speaking with an attorney about child abuse restraining orders, call Ohiku Law Office at 414-278-0088.

Video Transcript

Hi everyone, I’m Felicia Owen, an attorney at Ohiku Law Office and these next few minutes will be about child abuse restraining orders.

A child abuse restraining order is a form of protection for minors under the age of 18. A minor may file for themselves or a parent, guardian, step-parent, or guardian ad litem may file on their behalf.

Unlike a domestic abuse restraining order, this type of restraining order may be filed against anyone including an adult, another minor, someone who is related, or someone who is not related.

In order for the court to grant a child abuse restraining order, they must find reasonable grounds to believe that any of the following has occurred: physical injury by other than accidental means; exposure to sexual activity, contact, intercourse, or assault; manufacturing meth in front of the minor child; emotional damage; or a threat to engage in any of those activities.

Distinct to a child abuse restraining order is that it may only be granted for up to two years or until the minor child turns 18, whichever of those two occurs first. A child abuse restraining order may be granted for up to five years if the court finds by a preponderance of evidence that there is a substantial risk of homicide or sexual assault.

If you would like to speak to an attorney about child abuse restraining orders, please call Ohiku Law Office at 414-278-0088.