Southeastern Wisconsin Temporary Restraining Order and Injunction Lawyers
A Temporary Restraining Order (TRO) is a court order prohibiting a person from having any contact whatsoever with another person until an Injunction hearing can be held in front of a judge or court commissioner.
Prohibited contact includes the following:
- In person
- With the person’s residence, place of employment, or any other location temporarily occupied by the person
- In writing
- By telephone, text, email, tweet, Snapchat, Facebook, Instagram, or by any other electronic device or social media platform
- Through any third party
- By any other means
Once a petition is filed, an on-duty judge or court commissioner will review the petition while the petitioner waits. The judge or court commissioner may grant the request for a TRO if, based on the allegations contained in the petition, he or she believes there are reasonable grounds to believe that, depending on the type of petition filed, harassment, domestic abuse, or child abuse has occurred or may occur in the future, or that an adult individual at risk has experienced, is currently experiencing, or is at risk of experiencing, abuse, neglect, self-neglect, or financial exploitation.
If the petition is granted, the TRO lasts for no more than 14 days or until an Injunction hearing is held. If the petition is denied, the petitioner is still entitled to an injunction hearing within 14 days, so time is of the essence in retaining experienced, respected, and effective counsel.
An injunction hearing is a court trial. It is a contested, evidentiary hearing, at which the petitioner has the burden of convincing a judge or court commissioner by clear, convincing, and satisfactory evidence that there are reasonable grounds to believe that the respondent has engaged in, or may engage in, domestic abuse, harassment, or child abuse, or that an individual at risk is experiencing, has experienced, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation, depending on the type of petition filed.
If you are representing yourself at an Injunction hearing, you are putting yourself at a distinct disadvantage, particularly if the other party is represented. Even if the other party is unrepresented, however, your failure to have an experienced lawyer representing you means that you will not be able to present key elements of your petition or defense in the most effective and convincing manner.
An experienced attorney can help the petitioner meet his or her burden of proof by eliciting clear, compelling, and concise testimony through direct examination, by properly submitting important demonstrative evidence in the form of photographs, emails, texts, videos, and other useful exhibits, and through effective cross-examination of the opposing party.
An experienced attorney is also essential in defending a respondent against harmful allegations of abuse, harassment, neglect, and financial exploitation. A competent attorney is able to poke holes in the petitioner’s case through careful and thorough cross-examination, the submission of key exhibits, and a well-prepared, methodical direct examination.
Attorney Ryan Harrington is happy to speak with you and provide you with a free telephonic consultation to explain your options and answer any questions that you may have about the TRO process and what to expect in your case.