Waukesha advocate: the common mistakes that can deny retraining orders

When it comes to getting a restraining order, you can start by going to the courthouse in the county where you live and asking for the paperwork. Or you can go to an advocacy group that helps people in domestic violence situations like the Women's Center in Waukesha. There you would meet someone like Krystal Chase.

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Krystal will have all the paperwork then you need to answer some basic but important questions about who you are filing the restraining order against.

“You have to have all of their information, their name, and their address,” said Krystal. “Because they have to serve this if it is granted and without having an address they can't serve it."

Krystal says another area that can cause someone to be denied a temporary restraining order is when it comes to answering the question of imminent danger.

“it would be more likely grounds for dismissal if that box is either left empty or checked as ‘is not,’” said Chase.

She says the portion people often struggle the most with is the statement portion. You are given two lines to write on, but you can attach as many pages as you want. She says it is important that the statement be thorough.

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“If they said they have been hurt, tell me how. So instead of saying, 'I was hurt' maybe it includes being choked or strangled. So they put their hands around their neck and squeezed to the point they lost consciousness. Sharing more than they just hurt me, but maybe how,” said Krystal.

Finally, double check every box has been answered before you turn in paperwork.

“Really all of these nuances in making sure you are checking all the right boxes is often the struggle,” said Krystal.

If you are denied a temp. restraining order you have a couple of options. You can refill or you can request a court date to be heard in front of a judge. But you must have checked the box on the paperwork.

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