Violating a temporary restraining order or injunction is a crime commonly charged throughout Wisconsin. Frequently the charge includes domestic violence modifiers. In Milwaukee you’ll often encounter this charge discussed in domestic violence court. Meyer Van Severen, S.C. and Milwaukee criminal defense attorneys Matthew R. Meyer and Benjamin T. Van Severen defend all criminal cases throughout Wisconsin. We’ve defended violating temporary restraining order cases. We’ve defended domestic violence cases. Certainly, no matter the criminal charge you’re facing, Meyer Van Severen, S.C. will aggressively fight to achieve the best possible results in your case.
Remember – you’re not guilty unless you’re convicted. While many criminal defense attorneys might back down for a fight, that’s not the reputation we’ve fought for. We fight for our clients. Call us at (414) 270-0202 so we can begin working on your case.
Violating a temporary restraining order or an injunction charges can be issued after a domestic abuse, child abuse, vulnerable adult, or harassment-based restraining order. This crime is prohibited by sections 813.12, 813.122, 813.123, and 813.125 of the Wisconsin Statutes.
The government needs to prove these elements beyond a reasonable doubt:
Commonly the petitioner initiates contact with the respondent while the restraining order is still in effect. So while this can be frustrating, that contact itself does not nullify the order. In short, only a court commissioner or judge can nullify the order. It remains in effect until the court takes action.
Has the petitioner been contacting you during the active restraining order? Call one of our criminal defense attorneys immediately. It is not illegal for the petitioner to contact you. But if she
Simply violating the terms of an injunction or a temporary restraining order is a misdemeanor. The maximum punishment for this crime is 9 months in jail, a $1,000.00 fine, or both. The punishments for domestic abuse, child abuse, vulnerable adult, and harassment temporary restraining orders/injunctions are the same. These punishments are based on relatively passive conduct such as mere contact. Certainly battery to an injunction petitioner is a separate crime carrying with it a more serious penalty.
You cannot collaterally attack the validity of a harassment injunction (issued under section 813.125) in a criminal prosecution for the violation of that injunction. State v. Bouzek, 168 Wis.2d 642, 484 N.W.2d 362 (Ct. App. 1992). Importantly, a collateral attack refers to action attempting to invalidate the earlier court order. In other words, you cannot attack the validity of the original harassment injunction in the new criminal case filing.
Obviously, if there’s no restraining order in place, there’s no crime. If you go to the restraining order hearing, fight the accusation, and win, you also succeed in immunizing yourself from a potential criminal action for violating that order. Remember – Meyer Van Severen, S.C. provides restraining order defense. Contact one of our criminal defense attorneys so we can fight that matter.
We focus our entire practice on defending crimes just like this. We, as criminal defense attorneys, are intimately aware of the issues defendants face in cases like this. The lawyers at Meyer Van Severen, S.C. spend a lot of time in domestic violence court. We’ve also worked on violating a restraining order cases that didn’t involve a domestic relationship. No matter the charge, we’ve seen it before.
Meyer Van Severen, S.C. provides aggressive, intelligent criminal defense. Secondly, we’re transparent with our fees. We won’t ever come back and try to trick you into paying more money. And if you want a trial, we’re not going to barrage you with some obnoxious fee you didn’t know about. Above all, not all criminal defense attorneys in Milwaukee can make that promise. We can. In short – contact Meyer Van Severen, S.C. at (414) 270-0202 now. Matt Meyer and Ben Van Severen built their careers as top criminal defense attorneys working on cases just like this. We have your back.