Domestic Abuse Restraining Order

A Domestic Abuse Restraining Order (DARO) is a form of

In Wisconsin there are similar processes for obtaining a domestic violence or harassment restraining order.[3] The first step is ordinarily for the woman — the Wisconsin Coalition Against Domestic Violence generally refers to petitioners as female as most are women^[11] — to file an initial petition with the court.^[1] It is free of charge to file a petition for a domestic abuse restraining order. The harassment restraining order sometimes requires a fee but this is waived if the abuse also qualifies as domestic abuse, which it often does. The matter is considered a civil, not a criminal, case and the petitioner has no automatic right to an attorney, although she can retain an attorney if she can afford one.^[12] The woman often begins the process under extreme stress and overwhelmed with emotion. She must provide a detailed written statement of the facts supporting the granting of the order.^[13] She may request that a temporary restraining order be granted for a period of up to 14 days. The temporary restraining order may be granted ex partewithout the abuser having the opportunity to appear in court. Unlike in some states, in Wisconsin an ex parte order can be granted on the basis of past abuse, with no further evidence of the likelihood of future abuse being needed.^[14]

The woman will also request that a full hearing — at which the abuser will be present - be held to determine whether to grant a permanent restraining order.^[1] Wisconsin courts will have jurisdiction to hear the case if the petitioner resides in Wisconsin—even if the respondent does not also reside in Wisconsin.^[15] The overall process does not usually last more than three to four weeks.^[16]

The temporary restraining order does not go into effect until it is served to the person being restrained. Serving the restraining order is the responsibility of the petitioner. Service can be carried out by the Sheriff's Department of the county where the harasser lives or works, or by any adult who is not a party named in the case.^[1] Judges are assigned to restraining order hearings on a rotating basis, with each judge handling restraining order hearings for one week every few months. At the full hearing, petitioners are seated on one side of the courtroom, and respondents on the other side. The hearing usually lasts about 15–30 minutes.^[13] At the hearing, both parties will have an opportunity to testify and present evidence, and the judge will make a decision. The permanent restraining order, if granted, may be in effect for up to four years, and the judge must, if granting it, grant it for as long as the petitioner requests up to four years.^[4] The order may also be granted, or extended, up to ten years if there is a substantial risk that the respondent may commit homicide or sexual assault against the petitioner.^[6] Respondents are supposed to be held by the bailiff for 15 minutes after the hearing ends to allow petitioners to leave safely, but this rule is not always followed.^[13]

An HRO or DARO can require the harasser to stop harassing the victim, and/or avoid the victim's residence or temporary place of accommodation.^[3] Like a DARO, subsequent to 17 April 2014, an HRO may also require that the harasser avoid all contact with the victim.^[17] The respondent is required to leave any location such as a restaurant or grocery store should he encounter the petitioner there. Such orders appear in online searches and can have an effect on employment and housing options for the respondent. Because these orders carry significant restrictions for the respondent, courts can be reluctant to issue the longer ten year orders.^[18]

GPS monitoring for respondents

Wisconsin considered requiring

The HRO or DARO will generally be registered in the Protection Order File of the National Crime Information Center. At the state level, a domestic abuse restraining order will automatically trigger a restriction on owning or possessing firearms. For a harassment restraining order, such restrictions are at the discretion of the judge granting the order and are not automatic.

Federal restrictions on firearms may also apply. The NCIC entry will include a "Brady indicator" indicating whether the restrained person is prohibited from owning firearms under federal law, with a "Y" indicating yes (the restrictions do apply), "N" for no, and "U" for unknown. Generally the Brady indicator will be set to "Y" only if certain relationships exist between the parties, such as a sexual/romantic relationship or a parent/child relationship. If the restraining order does not specify the relationship, an attempt is made to determine the relationship from other available data before setting it to "U".^[25] The federal Brady indicator restrictions, which are automatic if, and only if, certain conditions apply are distinct from possible state restrictions on HRO or DARO respondents possessing firearms. For an HRO, a state restriction on the respondent possessing firearms will depend on whether the judge, at his or her discretion, feels the respondent is a risk to use a firearm to harm others, but it is not automatic.^[6]

Once the court orders that the respondent is not permitted to possess firearms, the respondent must list all firearms currently in their possession. If the respondent does have possession of any firearms, the court will order they be surrendered--generally to the county sheriff. A follow up hearing is then held two weeks later to determine if the respondent has complied.^[26]

Types of Restraining Orders in Wisconsin

The domestic abuse and harassment restraining orders are among the several types of restraining orders used in Wisconsin. The DARO is similar to the HRO but requires that certain specific relationships exist or did exist between the parties.^[1] The child abuse restraining order is also similar but is used where the victim of the abuse is a minor.^[27] Unlike the HRO, both the domestic abuse and child abuse restraining orders carry an automatic requirement not to possess firearms under state law.^[6] The individual at risk restraining order is a restraining order designed to protect adults with significant impairment in their ability to care for themselves.^[28]

The petitioner will sometimes have a choice as to whether to file a domestic abuse or harassment restraining order. The differences between the two orders have grown less over the years. In the past the penalties were less for violating a harassment restraining order, and a full no contact order could not be issued in a harassment restraining order hearing. A petitioner whose request for a temporary restraining order was denied was formerly entitled to a later injunction hearing only for domestic abuse restraining orders. If the respondent and petitioner shared a residence, the respondent could, in the past, not be ordered to avoid that residence under a harassment restraining order. These differences have been significantly reduced. Harassment and domestic abuse restraining orders now have the same penalties for violation, and a full no contact order can now be made in either case. The respondent can now be ordered to avoid the petitioner's residence in either case. A full hearing will now be granted in either case even if the temporary order is denied provided that, in the case of a harassment restraining order, the harassment also meets the definition of domestic abuse.^[29][17] The significant difference between the two types of orders that remains is the fact that the domestic abuse order carries an automatic firearms ban, while the harassment order does not. Sometimes petitioners who are eligible for both will opt for the harassment order because they do not want to force the respondents to give up their firearms. This can carry significant risks for petitioners, as guns are the most common cause of domestic abuse homicides in Wisconsin. Between 2000 and 2010, there were 213 domestic abuse murders in Wisconsin by guns, more than the 194 murders by knives, other weapons, or other means combined. As such, a petitioner stipulating to a harassment restraining order rather than a domestic abuse order must be questioned to the judge as to whether she entered into the stipulation voluntarily and understands the differences between the two types of orders. The petitioner must be fully informed of the consequences of opting for a harassment restraining order.^{[29][30][31][2]}

Out of state orders, including from any

The director of the clinic is Ryan Poe-Gavlinski. During the first year that the program was in effect, students helped 62 petitioners for restraining orders.[34] The assistance was offered to varying degrees: some were represented in court while others were advised only by phone.^[36] In circumstances where the petitioner could not be represented in court, a trial prep meeting or call was arranged to help the petitioner prepare. Secondary trauma can be a concern for students and attorneys participating in the clinic and stress reduction techniques such as meditation are taught.^[34] Poe-Gavlinski has advocated that the time period for respondents to surrender firearms be reduced from two weeks to 48 hours, noting that the longer time frame makes it too risky that the respondent may attack the petitioner in that time period.^[26]

Another program in