Legal Question in Civil Litigation in Wisconsin

No matter how false or absurd the allegations may be in a petition for a restraining order, it is nearly certain that the TRO and permanent injunction will be granted if you do not protect your rights. You are indeed correct in assuming that they are not even read by any judge in many instances but are instead more or less "rubber stamped." Just like the rest of our court system, civil courts hearing TRO, collections cases, foreclosures and other civil lawsuits normally take all allegations as true unless the opposing party stands up for his or her rights by retaining a lawyer and filing a responsive pleading which denies the allegations. Your right to be free from the consequences of untrue allegations are therefore only as good as your willingness and ability to stand up for those rights. You are also correct that TRO's, restraining orders and injunctions often lead to criminal charges if the defendant subsequently violates them, even my minor violations such as driving past the petitioner�s residence or place of employment. Such charges can potentially lead to years of incarceration unless the defendant protects himself or herself. Even if there are no subsequent criminal violations, having a domestic abuse restraining order granted against you will lead to a lifetime ban on your possession of dangerous weapons and will effectively prevent future employment in law enforcement, government service, and a good deal of employment in the private sector, as well as leading to a loss of child custody and visitation rights. Such orders are therefore potentially devastating upon a person's life. Again, you therefore owe it to yourself or any defendant about whom you care to make sure that he or she is well represented by an experienced lawyer. Good luck!