Areas of Practice
Family Law
What if my Spouse is Abusing or Harassing Me?
Often there is substantial physical or verbal abuse from one spouse to the other or between spouses, which leads to the commencement of the divorce action. Alternatively, once the divorce action is commenced your spouse may be physically or verbally abusive to you. Physical or verbal abuse is a serious matter. If you or someone else in your family has been a victim of abuse, you can and should take action to protect yourself and other family members.
If you feel that your spouse is abusing you in any way, call the police as quickly as you can. This is what the police are for. You also have the right to contact the Office of the Family Court Commissioner in the county in which you reside for the necessary forms to obtain a domestic abuse or harassment restraining order. Under most circumstances, you can obtain assistance by filling out the forms provided by the Family Court Commissioner's office. In Dane County that office is located in the City County Building in Room 104, 210 Martin Luther King, Jr., Blvd., Madison, Wisconsin 53709. There is no filing fee for a domestic abuse restraining order. There is a fee for filing a harassment action, but the fee may be waived in cases of financial hardship.
In order to secure a domestic abuse restraining order against your spouse, you must allege at least one of the following:
- Intentional infliction of physical pain, physical injury or illness;
- Intentional impairment of physical condition;
- Sexual contact or sexual intercourse without your consent (WS.940.225(l)(2) or (3));
- A threat of any of the above directed toward you.
You will need to fill out a brief affidavit setting forth the facts that show which of these acts were done to you. The form for the affidavit is included in the filing materials provided by the Family Court Commissioner's office.
A Family Court Commissioner will review the Affidavit that you submit. The affidavit must be completely truthful. If the Family Court Commissioner feels that there is probable cause that your rights are being violated, or have been violated in the past, a restraining order will be entered against your spouse without a hearing for a short period. You can arrange to have your spouse served with a copy of the order by the County Sheriffs department. If a "no contact" order is entered, the law enforcement official will serve your spouse and will stand by while your spouse collects, from your household, a limited number of personal possessions. Your spouse is then escorted from the household and is advised that lie or she can no longer be near you or the household.
The temporary restraining order against your spouse is reviewed at a hearing before a Family Court Commissioner or a judge. The purpose of the hearing is to decide whether an injunction prohibiting contact for an extended period of time should be granted. It is very important that tile Affidavit you complete is truthful and accurate because it is submitted under oath and because your spouse has the right to cross examine you concerning the contents of tile Affidavit and the general facts and circumstances surrounding your need for a restraining order and/or a "no contact" order at the hearing before the judge You must be present at that hearing If you are not present at that hearing, the restraining or "no contact" order will be dismissed. If the judge believes that your spouse has, is or may physically abuse you, the restraining order may be continued for a period of up to 24 months.
In addition to filing a domestic abuse restraining order, you may also be able to seek a restraining order against any person that may be subjecting you to harassment. Under the Wisconsin Statutes, “harassment” is defined as follows:
(a) Striking, shoving, kicking or otherwise subjecting another person to physical contact or attempting or threatening to do the same.
(b) Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose.
If you feel that you have been subjected to harassment, you can petition the Court for an injunction in much the same was as was outlined above with regard to domestic abuse injunctions. You can complete the necessary forms at the Office of the Family Court Commissioner, or, better yet, contact your attorney so that the documents can be prepared completely, accurately, and in the manner that will provide you with the best opportunity to secure the relief that you need.
Remember, you are always free to contact any law enforcement official for help if you are being threatened or abused whether or not you have filed for a domestic abuse or harassment restraining order. Contact the police or sheriff's department. Do not feel that you have to put up with abuse. Do not take any chances.
Furthermore, several private agencies are available to assist you as a victim of domestic abuse or harassment. Often, they can provide or direct you to shelter, educate you on domestic abuse law, or assist you in obtaining and completing the forms for a domestic abuse restraining order. No one deserves to be abused.
