Protecting Your Rights Against Domestic Abuse, Harassment, and Child Abuse

At Gaworek Law Office, we understand how sensitive and urgent cases involving domestic abuse, harassment, and child abuse can be. Our mission is to help you navigate these challenging circumstances while ensuring your safety and upholding your legal rights. Below is an overview of the legal definitions, processes, and protections available under Wisconsin law.

Understanding the Key Terms

  • Domestic Abuse
    Defined under Wis. Stat. § 813.12(1)(am), domestic abuse includes intentional physical harm, sexual assault, stalking, property damage, and threats. It applies to various relationships, such as spouses, family members, cohabitants, and individuals with a dating relationship or shared child.

  • Harassment
    According to Wis. Stat. § 813.125(1)(am), harassment includes physical contact, threats, or behaviors intended to intimidate or harass without a legitimate purpose.

  • Child Abuse
    Defined in Wis. Stat. § 813.122(1), child abuse encompasses physical injury, sexual exploitation, emotional damage, and other harmful acts or threats.

How the Law Protects You

  1. Domestic Abuse Proceedings
    A court may order the respondent to:

    • Refrain from abuse or contact with the petitioner.
    • Stay away from the petitioner's residence.
    • Avoid harming or removing household pets.

  2. Harassment Proceedings
    The court may issue a restraining order requiring the respondent to:

    • Cease harassment.
    • Stay away from the petitioner's residence.

  3. Child Abuse Proceedings
    Orders can include:

    • Prohibiting contact with the minor child unless deemed in the child's best interest.
    • Restricting the respondent from entering the child's residence or temporary premises.

  4. Additional Protections
    The court may:

    • Transfer wireless service rights to the petitioner to maintain safety.
    • Allow the petitioner to retrieve household pets.

Legal Process and Key Considerations

  • Temporary Restraining Orders (TROs):

    • A TRO can be issued if the court believes irreparable harm may occur.
    • Typically effective for five days but may be extended after a hearing.

  • Injunctions:

    • Hearings for injunctions must occur within 14 days of the TRO issuance.
    • Injunctions can last up to four years (or two years in child abuse cases) but can be extended.

  • Enforcement:
    Law enforcement is authorized to arrest individuals who violate TROs or injunctions, even if the petitioner permits contact.

  • Confidentiality:
    The court protects the petitioner's address and personal information throughout the proceedings.

Combined Actions

Under Wis. Stat. § 813.127, petitioners can combine cases involving domestic abuse, harassment, and child abuse against the same respondent into one action. This consolidation reduces costs and simplifies the process.

Why Choose Gaworek Law Office?

Our compassionate attorneys have extensive experience handling cases involving domestic abuse, harassment, and child abuse. We are committed to protecting your safety and advocating for your rights every step of the way. Whether you need a restraining order, representation in court, or help understanding your legal options, we are here to support you.

Contact Us Today
Take the first step toward safety and peace of mind. Call us at (920) 857-9211to schedule a confidential consultation. Let us help you find the protection you deserve.