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Legal Information: Wisconsin

Restraining Orders

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July 16, 2020

Step 6: The hearing

On the day of the injunction hearing, you must go to the hearing to ask to have your temporary order (good for up to 14 days) turned into a final domestic abuse restraining order (also called an injunction), which can last for up to 4 years (or up to 10 years if you can prove there is a substantial risk that the respondent may commit any of these crimes against you: first-degree intentional homicide, second-degree intentional homicide, sexual assault or sexual assault of a child (sections (1) or (2))1.

If you do not go to the hearing, your temporary order will expire and you will have to start the process all over again. The abuser does not have to show up to the hearing for you to get the final injunction. The judge may still grant you a final injunction or the judge may reschedule the hearing (if either you or the abuser requests a continuance).

You may wish to get a lawyer to help with your case, especially if the abuser has a lawyer. You can also represent yourself. If the abuser shows up with a lawyer, you can ask the judge for a “continuance” (a later court date) so that you have time to find a lawyer. (Go to our WI Finding a Lawyer page to find help in your area.)

If you absolutely cannot go to the hearing at the scheduled time, you may call the court to ask if you can request that your case be “continued” but the judge may deny your request.

1 Wis. Stat. § 813.12(4)(c)(1), (4)(d)(1)