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Wisconsin Motion for De Novo Hearing on a Temporary Restraining Order or Injunction

State:
Wisconsin
Control #:
WI-SKU-1343
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Motion for De Novo Hearing on a Temporary Restraining Order or Injunction

A Wisconsin Motion for De Nova Hearing on a Temporary Restraining Order or Injunction is a legal process that is used to challenge a court's decision on the issuance of a temporary restraining order or injunction. This motion is filed by a party who believes that the court has erred in its decision and that the restraining order or injunction should not have been issued. The motion is heard by a different judge, known as a de Nova judge, who is asked to make a new decision about the restraining order or injunction. There are two types of Wisconsin Motion for De Nova Hearing on a Temporary Restraining Order or Injunction. The first type is a Motion for De Nova Hearing on a Temporary Restraining Order or Injunction to Vacate. This motion is filed by the party asking the court to vacate the restraining order or injunction that was issued. The second type is a Motion for De Nova Hearing on a Temporary Restraining Order or Injunction to Modify. This motion is filed by the party asking the court to modify the terms of the restraining order or injunction that was issued. In either case, the motion must be filed within 15 days of the court's decision to issue the restraining order or injunction. The party filing the motion must also serve notice of the motion on the other party. The motion must be supported by a written memorandum, as well as affidavits or other documents that support the party's claims. The court will consider the motion and make a new decision about the restraining order or injunction.

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FAQ

You would simply contact the Clerk of Courts of the county in which you filed and inform the court that you wish to dismiss your Petition requesting a restraining order and ask that the court remove the hearing. The court will also dismiss your Petition if you fail to appear for the hearing.

Once a restraining order has been granted or denied by a Circuit Court Commissioner any party may request a re-hearing before a Circuit Court Judge. This request must be made in writing and filed in Room C-167 of the Civil Division of the Waukesha County Courthouse.

An "injunction" is a term used in Wisconsin to refer to a restraining order that lasts for a longer period of time than the TRO. Injunctions are usually ordered to last two to four years, but can last up to 10 years depending on the facts of the case.

Whoever intentionally violates a temporary restraining order or injunction issued under this section shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.

If s/he is found guilty of a violation of a restraining order, the abuser may be fined and/or put in jail. You may file for ?civil contempt? for a violation of the order. The abuser can be held in civil contempt if s/he does anything that your injunction tells him/her not to do.

At that hearing you will ask the court to order a final order of protection, which is called an injunction. An injunction can be granted for up to 2 years for child abuse, and up to 4 years for domestic abuse, harassment, and individuals at risk.

Motion for and Notice of New (De Novo) Hearing (FA-4130V) is the form to file when you want a Judge to review a Decision that was made by a Circuit Court Commissioner because you disagree with what the Circuit Court Commissioner decided.

Motion for DeNovo Hearing on a Temporary Restraining Order or Injunction (CV-503) is the form for review of a harassment or domestic abuse temporary restraining order or injunction decision by a Circuit Court Commissioner.

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Wisconsin Motion for De Novo Hearing on a Temporary Restraining Order or Injunction