Charged for violating a temporary restraining order or an injunction?
Contact Meyer Van Severen, S.C. at (414) 270-0202 to discuss your violating a restraining order or injunction case.
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.
What is violating a temporary restraining order or an injunction?
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 (Wis JI-Criminal 2040):
- An injunction or temporary restraining order was issued against the defendant (respondent) in favor of the petitioner (alleged victim);
- The defendant committed an act that violated the terms of the injunction/temporary restraining order; and
- The defendant knew that the injunction/temporary restraining order had been issued, and that his acts violated its terms.
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
What is the punishment for violating a restraining order or an injunction?
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.