How to Get a Restraining Order in Milwaukee, Wisconsin
If you live in and have a problem with a stalker or worse, you probably want to know how to get a restraining order. While a restraining order in Milwaukee will not guarantee your safety, it can help protect you and be an important part of a safety plan.
DoNotPay can help you get a , as well as other states such as Florida, California, or Texas. We can also help you understand how a restraining order works, and what it can do and not do to protect you and your family.
Who Can Get a Restraining Order in Milwaukee?
Who can get a restraining order is determined at the state level. Milwaukee is in Wisconsin, which has four different types of restraining orders. Each of these have different restrictions on who can file for one.
|Type of Protective Order in Wisconsin||When Used|
|Domestic abuse||You have been abused by an adult in your household, including a caregiver, spouse or former spouse, or partner or former partner.|
|Harassment||Any individual has engaged in behavior considered harassment under Wisconsin law, which includes physical assault, child abuse, sexual assault, stalking, threats, and intimidation.|
|Child Abuse||Any individual has physically injured, trafficked, sexually assaulted or emotionally neglected a child. Wisconsin also includes manufacturing meth when a child is present.|
|Individual at Risk||Any individual has physically, sexually or emotionally abused, financially exploited, neglected, confined, harassed, or treated without consent an at risk individual, which is a significantly disabled person or elder over 60. This also includes interfering with protective services and self-neglect.|
If you are an adult and not related to the person giving you the problems, it most likely falls under harassment. There does have to be significant behavior, which may or may not constitute a crime.
How to File a Request for a Restraining Order in Milwaukee
Each city in Wisconsin has its own process for filing for a restraining order, and Milwaukee is no exception. Note that there is no cost for filing a domestic abuse order. For a harassment order, there is a fee, but you can get it waived if you can't afford it. To get a restraining order, you should:
- Gather the required paperwork and anything that demonstrates the abuser's behavior. If you are filing for harassment and are low income, make sure to fill out the fill waiver paperwork.
- Go to Room 711, Milwaukee County Courthouse, 901 North Ninth Street. You can walk in Monday through Friday at 9, 10 and 10:45 am, and 1 and 2 pm. Allow a few hours. You can get help from the Task Force on Family Violence for domestic violence.
- Go to the court commissioner. They will sign a temporary order and assign a date for your hearing.
- Go to Room 209, Safety Building, 821 West State Street with the restraining order and a description of the person. The Sheriff's Department will attempt to serve the order. For harassment complaints, you may need to pay a serving fee.
- Go to your local police station and take a copy of the restraining order. You may also need to go to the police station where you work.
- Keep two copies for yourself, one of which should be with you at all times.
You will return for a hearing within 7 days. Make sure you have evidence and witnesses. For domestic violence, your advocate will accompany you.
What Happens After the Hearing?
At the final hearing:
- Your restraining order will either be approved or denied.
- Your abuser will be notified to be present, but if they don't show up, the court will base the result on your testimony and evidence.
- If you don't show up, the restraining order will be dropped and you will have to show a new incident to file again. This is also the case if you are denied.
The restraining order does not come into effect until it has been served, that is officially delivered.The restraining order will last for two years. Violating the restraining order is a crime, with a penalty of $1,000 fine and/or jail time (up to 90 days for harassment, up to 9 months for domestic violence).
This is in addition to any other offense they might commit. (So if they show up and punch you, you can file charges for assault and violation). You should put together a safety plan to help you stay away from your abuser or harasser in the long term.
Get a Restraining Order With the Help of DoNotPay
While DoNotPay can't create a restraining order for you, as this is the purview of the courts, we can help you get everything together so that you file for the order correctly and are less likely to be denied.
How to apply for a restraining order with the help of DoNotPay:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
You will still need to go to the courthouse and go through the process, but we can make sure you have your forms filled out correctly, remind you to request a fee waiver if relevant, etc.
What Else Can DoNotPay Help With?
This is far from the only problem DoNotPay can help you solve quickly, easily, and successfully. This can include:
- Arranging for power of attorney
- Getting compensation after being a victim
- Getting compensation for robocalls
Our robot lawyer can help make sure you have all of your ducks in a row and save you a ton of time. Unlike you, it does not get bored, and it frees you up for all the things which need a human.