Conozca la Ley: Wisconsin
ACTUALIZADA 6 de julio, 2009
- What are child abuse restraining orders?
- What is the legal definition of child abuse in Wisconsin?
- What types of child abuse restraining orders are there?
- How can a child abuse restraining order help me?
- Who is eligible to file for a child abuse restraining order?
- What are the steps for getting a child abuse restraining order?
arribaWhat are child abuse restraining orders?
If a minor child has been the victim of abuse, s/he may be eligible to file for a child abuse restraining order. This restraining order is a paper which is signed by a judge and tells the abuser to stay away from the child or face serious legal consequences.
arribaWhat is the legal definition of child abuse in Wisconsin?
To get a child abuse restraining order, a minor child (under the age of 18) must be the victim of child abuse, which is defined in Wisconsin as:
- Intentional physical injury inflicted on a child (injuring a child on purpose)
- Sexual intercourse or sexual contact with a child
- Sexual exploitation of a child
- Intentionally causing a child to listen to or view sexual activity
- Exposing one’s genitals or pubic area to a child
- Permitting, allowing, or encouraging a child into prostitution (as defined by law)
- Emotional damage for which parents or guardians neglected or refused to get treatment
- Manufacturing (making) methamphetamine:
- In the physical presence of a child, or
- In a child's home, or
- Under any other circumstances where the child may see, smell or hear the drug being made
- If a pregnant woman regularly uses alcohol or drugs and causes either serious physical harm to the unborn child or causes the risk of serious physical harm to the child when born.*
arribaWhat types of child abuse restraining orders are there?
There are temporary and final child abuse restraining orders (also called injunctions). A temporary order may be granted by a judge or court commissioner if s/he finds reasonable grounds to believe that the abuser has abused the child victim or may abuse the child victim.* The temporary order lasts for 14 days or until the full court hearing.**
A final child abuse restraining order, or injunction, can be granted only after a full court hearing where the victim and abuser both get a chance to tell their sides of the story. If granted, a final child abuse injunction may last for up to 2 years or until the child victim turns 18, whichever happens first.*** A child abuse restraining order may also order the payment of child support.****
To read the exact wording of the law, see Child abuse restraining orders and injunctions in the WI Legal Statutes.
* Wis. Stat. § 813.122(4)(a)2.
** Wis. Stat. § 813.122(4)(c)
*** Wis. Stat. § 813.122(5)(d)
**** Wis. Stat. § 813.122(5)(e)
arribaHow can a child abuse restraining order help me?
If a child abuse restraining order or injunction is given, the judge can order the abuser to:
- avoid the child victim's residence or any place temporarily occupied by the child victim or both, and
- avoid contacting or causing any person other than a party's attorney to contact the child victim (unless you, the petitioner, consents to that contact in writing and the judge agrees that the contact is in the best interests of the child victim).*
* Wis. Stat. § 813.122(5)(a)
** Wis. Stat. § 813.122(5m)(a)2.
*** Wis. Stat. § 813.122(5m)(ag)
arribaWho is eligible to file for a child abuse restraining order?
The child victim or a parent, step-parent or legal guardian of the child victim may petition the court for a child abuse restraining order.*
* Wis. Stat. § 813.122(2)
arribaWhat are the steps for getting a child abuse restraining order?
The steps for getting a child abuse restraining order are similar to the steps involved with obtaining a domestic abuse restraining order. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a child abuse restraining order. See Court Forms for a list of forms that you might need.