There are five types of restraining orders. They are domestic abuse, harassment, child abuse, vulnerable adult, and foreign protection order. These restraining orders are much different than the 72 hour no contact order. For the purpose of this information, the domestic abuse restraining order and the harassment order will be discussed.
Who is the petitioner?
The petitioner is the person who is "petitioning" or asking the court for the restraining order.
Who is the respondent?
The respondent is the person who "responds" to the court as to what is stated in the petition.
Domestic Abuse Restraining Order
A person is eligible for a domestic abuse restraining order if:
They are an adult victim of domestic abuse such as:
- Intentional impairment of physical condition
- Intentional infliction of physical condition
- Sexual contact or sexual intercourse without consent
- Threat of any of the above
The person that is abusing him/her is:
- An adult family member
- An adult with whom they now reside (household member)
- An adult with whom they have resided with in the past
- Victim and abuser have a child in common
Other information:
- There is no cost
- Temporary Restraining Order are issued for 7 days, Injunction Order are issued for up to 2 years
- Firearms must be surrendered
Domestic Abuse Restraining Orders can:
- Order the respondent to avoid the petitioners residence or any premises temporarily occupied by the petitioner.
- Order the respondent to avoid contacting or causing an other person other than an attorney to have contact with the petitioner.
- Order the respondent to refrain from acts of domestic abuse.
- Any combination of the above. A victim may ask for the next two.
- Accompany the petitioner and place her in possession of her home.
- Remove the respondent from home if living together.
Harassment Restraining Order
A person may be eligible for a harassment order if:
They are the victim (adult or child) of harassment such as:
- Striking, shoving, kicking, or subjecting another to physical contact or attempting or threatening to do the same.
- Engaging in course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose.
The person that is harassing him/her is:
- Adult or child
Other information:
- The petitioner may be an adult or child but parents need to petition on the child’s behalf in this county. A guardian ad Litem will be assigned.
- Cost for filing a harassment order if $164.50 ($124.50 for filing, $40 to serve). PETITIONER CAN ASK THE COURT FOR THE RESPONDENT TO PAY.
- Temporary Restraining Order is for 14 days or until the date of the hearing. If a final injuction is granted, the injunction can be up to 4 years.
- There is no automatic firearms surrender, but may grant it if they can prove the respondent may use a firearm to injure the petitioner.
Harassment Orders can:
- Order the respondent to avoid the petitioners residence or any premises temporarily occupied by the petitioner.
- Order the respondent to avoid contacting or causing any other person other than an attorney to have contact with the petitioner.
- Order the respondent to refrain from acts of domestic abuse.
- Any combination of the above. A victim may ask for the next two.
- Accompany the petitioner and place her in possession of her home.
- Remove the respondent from home if living together.
- Order the respondent to cease or avoid harassing another person. The petitioner needs to specify each kind of harassing behavior which the respondent has done because the our can only order the respondent to discontinue doing all the types of behavior which the petitioner say occurred.
Process for a Restraining Order
- Fill out paperwork with an advocate or on your own. Paperwork includes a written statement.
- Go to Room 109 at the courthouse and ask for the court commissioner to sign the temporary restraining order. If accepted, he will assign a date within 14 days for the injunction hearing.
- Go to the sheriff’s department to have him served. Once the respondent is served with the temporary restraining order, it is in effect and the respondent may not contact the petitioner.
- Petitioner must be on time the day of the injunction hearing or it will be dismissed. The respondent has the opportunity to appear.
- Both parties may explain and give evidence for each side.
- Court commissioner will grant restraining order if the petition meets the mandates of the law.
- restraining order can be for up to 4 years.
Need Assistance?
Advocates from the Domestic Violence Project and Women and Children’s Horizons are available to assist victims throughout the entire process.
Women and Children’s Horizons (262) 652-9900 (262) 656-3500 or (800) 853-3503
Restraining Order Room (262) 653-2767