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Custody, Access, and Domestic Violence Handbook (2001) by: Scott Sussman Mission Statement of CFFPP The mission of the Center on Fathers, Families, and Public Policy (CFFPP) is to help create a society in which low-income parents- mothers as well as fathers- are in a position to support their children emotionally, financially, and physically. CFFPP seeks to address the unique barriers affecting low-income fathers, including negative public perceptions. Through the provision of technical assistance, policy research, and public education, CFFPP will work to support low-income fathers and their families and develop public awareness of their needs. Fundamental to this mission are the following principles:
In summary, CFFPP seeks to foster public policies at every level that promote and contribute to the well being of children, parents, and families. Introduction This Custody, Access, and Domestic Violence handbook is based solely on Wisconsin law and is accurate only for the state of Wisconsin. It was produced in December, 2001, and does not reflect any changes in Wisconsin law since that date. While the document is legally accurate for all of Wisconsin, references to specific locations for obtaining legal documents, legal services, or other services are meant only for fathers whose court case is in Dane County. This handbook provides only general legal information surrounding custody, access, and domestic violence questions for Wisconsin. It is not advice about your particular legal problem. If you can afford it, you should consult an attorney for your particular legal problems. Most low-income non-custodial parents, like most non-custodial parents, want to emotionally and financially support their children. The Center on Fathers, Families, and Public Policy (CFFPP) has addressed aspects of the financial legal requirements for Wisconsin non-custodial parents in a companion piece titled "Questions and Answers for Noncustodial Fathers: A question and answer resource on paternity establishment and child support." This companion piece is available on the Internet at www.cffpp.org in the National Legal Assistance Publications Page. It also can be ordered from either the Internet or by calling CFFPP at 608-257-3148. For separated or never-married families, determining the visitation and custody arrangements can evoke tremendous passion. Even when both parents have the best interest of their children at heart, these parents may have different opinions as to what is the best living arrangement for their children. Oftentimes the court system must resolve these differences. This handbook will answer legal questions surrounding custody and access issues that many low-income fathers have asked CFFPP when we have made presentations to these fathers. In addition, it is impossible to address custody and access questions without addressing domestic violence. Despite tremendous efforts by domestic violence advocates and widespread condemnation by society at large, domestic violence still impacts far too many families. The United States Department of Justice estimates that more than a million acts of violence occur between intimate partners each year. Cognizant of these facts, the American Bar Association Commission on Domestic Violence has stated that laws should require courts "to consider the safety risks to victims of domestic violence and their children when drafting orders containing visitation and visitation exchange provisions." Custody and Access Issues What is custody? There are two kinds of custody: legal custody (relating to decisions about matters affecting one's child) and physical custody (relating to periods of time a child spends with his or her parents). In Wisconsin, the language of physical custody is not used. Instead when the court system is discussing periods of time that a child spends with his or her parents the legal term used is physical placement. What is the difference between physical placement (visitation) and legal custody? The legal concept of physical placement relates to what periods of time a child spends with his or her parents. Physical placement can be granted to both parents. Children are supposed to spend the most time with the parent to whom the court has granted primary physical placement. In Wisconsin, a court is supposed to provide for regularly occurring, meaningful periods of physical placement, sometimes referred to as visitation. The only exception to this rule is if a court, after a hearing, determines that periods of physical placement or visitation would endanger the child's physical, mental or emotional health. Parents with legal custody of a child have the legal authority to make the major decisions as to matters impacting their children. How much legal custody a parent has is different from how much time that parent can spend with his or her child. Examples of the type of major decisions parents who have legal custody of children may make include such matters as whether a child will receive certain medical treatment, or be raised in a certain religion. In Wisconsin, there is a presumption of joint legal custody, which means the parents should both have the right to make these decisions. This presumption can be overcome under certain circumstances. See page 7 for a listing of the circumstances under which joint legal custody may not be allowed. If joint legal custody is not given to both parents, one of the parents will be given sole legal custody. Is it possible for me to not have to pay fees to start a paternity action or change the legal custody or physical placement arrangement for my child? Yes. Typically there is a fee that you must pay to the court most times that you wish to start a paternity action or change the physical placement arrangement for your child. In addition, there is a fee to have the sheriff or another person give documents to the other parties in the case. The court or sheriff may not charge you these fees, if you are very poor. In Dane County, you can go to the Family Court Commissioners Office in Room 104 of the City County Building 210 Martin Luther King Boulevard; Madison, WI 53703 to request paperwork to not have to pay these fees. You should then fill out this paperwork and return it to the Family Court Commissioners Office. A Family Court Commissioner will then determine whether or not you will have to pay these fees. It is important that you get this determination before you pay the money. Physical Placement (Visitation) What does physical placement mean? In Wisconsin, physical placement relates to the amount of time that each parent spends with his or her child. Both parents can have physical placement, but one may have primary physical placement. The parent who has the child the most is the parent with primary physical placement. What factors does a court consider when it makes the initial determination as to the amount of time that I can spend with my child (physical placement)? In determining periods of physical placement (visitation) the court is supposed to consider all factors relevant to the best interest of the child. Since May 1, 2000, the court decision-making process for determining custody and periods of physical placement (visitation) matters is the same for paternity and divorce cases. If you are going through a divorce or are establishing paternity through the court system, the divorce or paternity establishment order should include when you can spend time with your child. Before May 1, 2000, paternity establishment orders did not have to say when you could spend time with your child. If you are going through this process you should ask to get an order that specifically says which days and hours you can be with the child. If you establish paternity through signing a voluntary paternity acknowledgment form, you will have to start a court action to have the issue of when you can spend time with the child resolved by a court. The Dane County Bar Association has created a service to help individuals fill out forms in family law matters such as obtaining custody or periods of physical placement after signing a voluntary paternity acknowledgment form. Information about this service is available on the back cover of this handbook. How does domestic violence factor into a court's decision concerning physical placement (visitation) with my child? The court will look at all factors relevant to the best interest of the child in determining legal custody or physical placement (visitation). One factor the court will look at is whether either parent engaged in or alleged domestic abuse or harassment. Also the court will consider instances of or allegations of child abuse. If the court has issued a temporary restraining order or injunction because of domestic abuse, harassment, or child abuse, the family court commissioner or judge must be made aware of the order at any hearing on legal custody or physical placement. It is possible that domestic violence will result in an order of sole custody to the non-abusive parent and/or supervised visits with the abusive parent. My child lives with his/her mother. Will the court grant periods of physical placement (visitation)? The right to physical placement (visitation) is a right of the child not a right of either parent. A court will grant periods of physical placement (visitation) to the child unless it believes this would endanger the child's physical, mental, or emotional health. The court is supposed to provide a placement schedule to your child that allows the child to have regularly occurring, meaningful periods of placement with you. In making the determination a court should also take into account geographic separation and accommodations for different households. What should I do if I want to change the amount of time that I am allowed to spend with my child and the mother agrees to these changes? If you are unable to afford an attorney for this matter, there are special forms that you may fill out to request a change in the physical placement of your child. One document that contains the right form and instructions on how to complete this form is entitled "MOTION TO CHANGE CUSTODY OR PHYSICAL PLACEMENT." This document is available in Room 315 of the City-County Building, 210 Martin Luther King Jr. Boulevard, which is the Dane County Law Library. The Dane County Bar Association has created a service to help individuals fill out forms in family law matters. Information about this service is available on the back cover of this handbook. If you, the mother of the child, and the guardian ad litem (if one is appointed by the court), agree on what the changes should be, there are a number of steps in the process:
There is no fee for doing this. What should I do if I want to change the amount of time that I am allowed to spend with my child and the mother does not agree to these changes? If you are unable to afford an attorney for this matter, there are special forms that you may fill out to request a change in the physical placement of your child. One document that contains the right forms and instructions on how to complete these forms is entitled "MOTION TO CHANGE CUSTODY OR PHYSICAL PLACEMENT." This document is available in Room 315 of the City-County Building located at 210 Martin Luther King Jr. Boulevard, which is the Dane County Law Library. The Dane County Bar Association has created a service to help individuals fill out forms in family law matters. Information about this service is available on the back cover of this handbook. If you, the mother of the child, and potentially the guardian ad litem appointed by the court do not agree to the proposed changes, you should sign two forms called Notice of Motion and Motion, and the Affidavit. These two forms are contained within the document entitled "MOTION TO CHANGE CUSTODY OR PHYSICAL PLACEMENT." The court is going to require that you have a reason to request a change. As of May 1, 2000, the court may also require you to file a "parenting plan." A parenting plan is written information that you provide to the court concerning such matters as the visitation schedule, the holiday scheduling, where the child will go to school, and other information. A "parenting plan" is only necessary when you and the custodial parent cannot agree on the changes that you would like the court to consider. In Dane County, parenting plan forms are available in the Dane County Law Library, Room 315 of the City-County Building and in the Clerk of Court's Office in GR10. I want to see my child more often. When will a court change the current court ordered periods of physical placement (visitation) schedule? When a court will change an order of physical placement (visitation) varies based on two factors. One factor is the amount of time since the last time the court issued an order about physical placement. Another factor is the amount of change that you are asking the court to make in the physical placement order. At anytime a court may change an order of physical placement if the change does not represent a big difference in the amount of time the child spends with each parent. In addition, the change must be in the child's best interest. Within the first two years after a custody order, a court will make a big (substantial) change to the physical placement only if the court finds that the current conditions are physically or emotionally harmful to the best interest of the child. After two years a court will grant a big (substantial) change in the custody arrangement if:
I have some physical placement (visitation) with my child. I missed a few times when I was supposed to be with my child. Is it possible for me to lose the right to have visitation with the child? Yes. If a court believes you missed some scheduled physical placement time (visitation) too often for no good reason, the court may change the amount of time that you can visit with your child. If the other parent incurred costs as a result of your missing visits, the court can order you to pay these costs. The court can also take away your right to any placement/visitation if you repeatedly miss visits. I have some physical placement (visitation) with my child. What does the custodial parent need to do if she decides to move from where she lives? If you have visitation with your child, the custodial parent will have to notify you in writing 60 days before moving the child, if the other parent
If you object to the custodial parent wanting to do any of these proposed actions, you should send a written notice of objection to the other parent and a copy of this written notice of objection to the court. You need to send this written notice of objection within 15 days of receiving the notice from the other parent that that parent plans on moving. After the court receives your written notice of objection, the court will refer you to mediation or other family counseling services and may appoint a guardian ad litem. Unless you and the custodial parent agree to an extension in time, after 30 days the matter will go before the court if you cannot come to an agreement with the custodial parent. The Dane County Bar Association has created a service to help individuals to fill out forms in family law matters. Information about this service is available on the back cover of this handbook. LEGAL CUSTODY Under what circumstances will a court award sole versus joint legal custody? A court is likely in most cases to order joint legal custody. In two situations a court may award sole legal custody to either parent. The first occurs when a court commissioner or judge believes that sole legal custody is in the best interest of the child and both parents agree to sole legal custody with the same parent. Also sole legal custody may be given if:
How does domestic violence factor into a court's decision concerning legal custody or with my child? The court will look at all factors relevant to the best interest of the child in determining legal custody or physical placement (visitation). One factor the court will look at is whether either parent engaged in or alleged domestic abuse or harassment. Also the court will consider instances of or allegations of child abuse. If the court has issued a temporary restraining order or injunction because of domestic abuse, harassment, or child abuse, the family court commissioner or judge must be made aware of the order at any hearing on legal custody or physical placement. It is possible that domestic violence will result in an order of sole custody to the non-abusive parent and/or supervised visits with the abusive parent. What if I want to become more active in making decisions about my child's life and the mother of the child agrees that I should be more active in making decisions about my child's life? If separated, divorced, or never-married parents agree to changes in the legal custody arrangement for their child, a court generally will not prevent them from implementing these changes. The only way that a court would not allow these changes is if there is a previous court order that terminates your parental rights or if there is a Child in Need of Protective Services (CHIPS) Order or Juvenile in Need of Protective Services (JIPS) Order for that child. Both the mother and I want me to be more involved in making decisions about my child's life. What should I do so that the court order will reflect what we have agreed to? If you are unable to afford an attorney for this matter, there are special forms that you may fill out to request a change in the legal custody of your child. One document that contains the right form and instructions on how to complete this form is entitled "MOTION TO CHANGE CUSTODY OR PHYSICAL PLACEMENT." This document is available in Room 315 of the City-County Building, 210 Martin Luther King Jr. Boulevard, which is the Dane County Law Library. The Dane County Bar Association has created a service to help individuals to fill out forms in family law matters. Information about this service is available on the back cover of this handbook. If you, the mother of the child, and potentially the guardian ad litem appointed by the court agree on what the changes should be, there are a number of steps in the process to have the court order reflect what you all want:
There is no fee for doing this. The mother and I cannot agree on how much I should be involved in decisions about how my child is raised. What do I need to do so that a court will consider whether I should be more involved in these decisions? If you are unable to afford an attorney for this matter, there are special forms that you may fill out to request a change in the legal custody of your child. One document that contains the right forms and instructions on how to complete these forms is entitled "MOTION TO CHANGE CUSTODY OR PHYSICAL PLACEMENT." This document is available in Room 315 of the City-County Building, 210 Martin Luther King Jr. Boulevard, which is the Dane County Law Library. The Dane County Bar Association has created a service to help individuals fill out forms in family law matters. Information about this service is available on the back cover of this handbook. If you, the mother of the child, and potentially the guardian ad litem appointed by the court do not agree to the proposed changes, you should sign two forms called Notice of Motion and Motion, and the Affidavit. These two forms are contained within the document entitled "MOTION TO CHANGE CUSTODY OR PHYSICAL PLACEMENT." The court is going to require that you have a reason to request a change. As of May 1, 2000, the court may also require you to give (file) a "parenting plan." A parenting plan is written information that you provide to the court concerning such matters as what visitation schedule you would like, how the holidays will be divided, where the child will go to school, and other information. It is only necessary to give a parenting plan in your case if you and the other parent cannot come to an agreement on issues surrounding either physical placement or legal custody. In Dane County, parenting plan forms are available in the Dane County Law Library, Room 315 of the City-County Building and in the Clerk of Court's Office in GR10. If I ask the court to change the legal custody of the child, how will the court decide whether I can have some say in decisions about how my child is raised (legal custody)? After a court initially determines the legal custody arrangement for a child it is difficult to change that decision within two years of the court making this decision. To do this you will have to provide strong evidence that the current legal custody arrangement is physically or emotionally harmful to the best interest of the child. After two years from when the court first determined the legal custody arrangement, a court will change the legal custody arrangements if you are able to show two things. First you must show that the change is in the best interest of the child, and second that there has been what the court would call a "substantial change of circumstance" since the court last changed the legal custody arrangement. A court is supposed to presume that keeping the current arrangement concerning legal custody is in the best interest of the child. Therefore you will have to convince the court that this is no longer true. GUARDIAN AD LITEM What is a guardian ad litem for a child? A guardian ad litem is an attorney appointed by the court. A guardian ad litem is a party to a court case who represents the best interest of the child. The guardian ad litem should consider your wishes, the wishes of the child, and the wishes of other parties to the court case before taking a position as to what is in the best interest of the child. The guardian ad litem must consider a set of factors when determining the best interest of the child. You and the guardian ad litem may disagree as to what is in the best interest of the child. A guardian ad litem is not required to meet with you before making a recommendation as to what is in the best interest of the child. The vast majority of times a guardian ad litems will meet with both parents. You may have both a guardian ad litem and be involved in the family court counseling service. The family court counseling service is briefly explained later in this handbook. The court will pay the guardian ad litem at a rate that it believes is reasonable for the services of the guardian ad litem. The court will order either or both parties to pay all or any amount of the guardian ad litem's bill. If both parties are extremely poor (indigent), the court may direct that the county pay this bill. When will the court appoint a guardian ad litem for a minor child in a family law matter? A judge or court commissioner will appoint a guardian ad litem when:
A judge or court commissioner may appoint a guardian ad litem when:
PARENTING PLANS I have filed papers to have legal custody or physical placement with my child. Is there anything else that I need to do? Yes. You should give (file with) the clerk of courts a document known as a "parenting plan". Giving a parenting plan is only necessary when you and the mother cannot come to an agreement over legal custody or physical custody/visitation issues. A proposed parenting plan is information you provide to the court that relates to matters such as what religion or doctor your child will have. You should be able to get a "Proposed Parenting Plan" from the Clerk of Courts office at your local courthouse. This document provides instructions on information you should provide to the court as part of your proposed parenting plan. In Dane County, the Clerk of Courts office is located in the City-County Building Room # GR-10, 210 Martin Luther King Boulevard. The Dane County Bar Association has created a service to help individuals to fill out forms in family law matters, such as the Parenting Plan. Information about this service is available on the back cover of this handbook. A number of steps should be taken once you have answered all of the questions contained within the document entitled "Proposed Parenting Plan." First, you should send a copy of your answers to the questions to the other parent or, if the other parent has a lawyer, to that lawyer. Second, you should send a copy to your attorney if you have one. Finally, you should give (file) the original to the Clerk of Court office. In Dane County, the Clerk of Court office is on the ground floor of the City-County Building located at 210 Martin Luther King Boulevard; Madison, WI 53703. I have filed papers concerning legal custody or physical placement/ visitation with my child. When do I need to give the parenting plan to the clerk of court? If you and the mother of your child cannot come to an agreement over legal custody or where the child will stay, you must give (file) a parenting plan to the Clerk of Courts office before any pretrial conference. In Dane County, the Clerk of Court's office is on the ground floor of the City-County Building located at 210 Martin Luther King Boulevard; Madison, WI 53703. Usually if you do not give (file) a parenting plan within the proper time period, you may lose the right to object to the other parent's parenting plan. The Dane County Bar Association has created a service to help individuals fill out forms in family law matters, such as the Parenting Plan. Information about this service is available on the back cover of this handbook. FAMILY COURT COUNSELING SERVICE What is the Family Court Counseling Service and what should I expect when I go to this program? The Dane County Family Court Counseling Service was created to provide mediation and custody and placement evaluations in divorce and paternity cases. The Family Court Counseling Service is not a service to help with emotional counseling. Family Court Commissioners or Judges refer parents to the Family Court Counseling Service. A Family Court Commissioner or Judge may not refer you to a mediation session if this would cause undue hardship to one of the parties or would endanger the health or safety of one of the parties. Parents will receive a letter that will require them to provide background information. In addition, each parent will be required to attend the mandatory Parent Education Program. This program has an educational format, and is attended by other parents going through the same process. The program is supposed to help parents cope with family changes and focus on their child's needs, resolve conflicts using mediation, and understand the mediation and evaluation processes. After both parents attend this program, a counselor will be assigned as a mediator. There is no fee to attend Parent Education or the first mediation meeting. If parents are unable to reach agreement in the first mediation session, they can elect to continue for two additional mediation sessions for a fee (currently $200). Parents may apply for fee waivers through the Family Court Commissioner's Office if they believe their income levels would qualify them for a waiver. Every weekday there should be a counselor available during office hours to answer questions regarding legal and physical placement and the services available at the Family Court Counseling Service. If after the mediation session the mother and I come to an agreement what happens next? After mediation, you and the mother may or may not come to an agreement. If you do come to an agreement, this agreement should be put in writing and submitted to the judge or family court commissioner. This agreement may be included in the eventual court order. The court will most likely approve the agreement unless the court believes it is not in the best interest of the child. If after the mediation session the mother and I do not come to an agreement what happens next? If after the mediation session you and the mother do not agree, the court may order an investigation. This investigation will look at:
The mediator from the family court counseling service may conduct the investigation. This mediator may only conduct the investigation if you and the mother agree that this mediator should conduct it. Otherwise, someone who was not the mediator will conduct the investigation. If the mediator conducts the investigation, the mediator can tell the court anything that was discussed during your mediation session. If a different person conducts the mediation session, that person cannot use information from the mediation session. After the investigation, a report will be provided to the court and to both parents. DOMESTIC ABUSE AND MANDATORY ARREST LAW The mother of my child and I often get into disagreements that sometimes lead to physical violence. What will happen if the police are called and I have hit her? Wisconsin has a mandatory arrest law. You should be aware that this law applies if you are an adult and hit the mother of your child (or she hits you). A police officer must arrest you if that police officer believes you are committing or have committed domestic abuse within the last 28 days, your behavior is a crime and that either of the following is true:
TEMPORARY RESTRAINING ORDERS AND INJUNCTIONS What is a temporary restraining order or injunction? A temporary restraining order or injunction is a court order that orders a person to stop committing specific actions. In Wisconsin there are four types of restraining orders or injunctions that can be placed against someone concerning a family law matter. These orders are domestic abuse, harassment, child abuse, and vulnerable adult temporary restraining order/injunction. What would be considered domestic abuse that can lead to a domestic abuse temporary restraining order or injunction being placed against me? In Wisconsin, domestic abuse is the
For someone to obtain a domestic abuse temporary restraining order or injunction, the adult committing these actions must have a certain type of relationship with the victim. For instance, if you are or have lived together or have a child in common and commit the above actions, this can lead to a temporary restraining order being placed against you. For what reasons will a court issue a domestic abuse temporary restraining order or injunction against me? If a judge or family court commissioner believes you have been involved in the types of behavior outlined above, he or she will issue a temporary restraining order or domestic abuse injunction against you. He or she must believe you have or may engage in domestic abuse of the individual asking for the injunction. When you have a domestic abuse temporary restraining order or injunction placed against you it is extremely important that you do not violate the terms of this injunction. What does a domestic abuse temporary restraining order or injunction prevent me from doing? A court who enters a domestic abuse temporary restraining order or injunction against you can order you to
If you violate the terms of either a domestic abuse temporary restraining order or injunction you can be fined up to $1,000 and imprisoned for up to 9 months. What is the difference between a domestic abuse temporary restraining order and an injunction? A commissioner decides whether to give a temporary restraining order without any input from you and based solely on what the person requesting the order states in the written request. You do not have to be notified that someone is getting a temporary restraining order against you. In addition, a temporary restraining order only restricts your actions until the injunction hearing to determine whether to place an injunction on you. A domestic abuse injunction cannot be entered unless you are given (served) with notice of the hearing. Unlike a temporary restraining order an injunction remains in effect for up to two years. One other difference is that a temporary restraining order does not require you to give up any firearms, while an injunction WILL require you to surrender any firearms that you have. The only time that a domestic abuse injunction will not require you to surrender a firearm is if you are a police officer. What happens when it is decided that a domestic abuse temporary restraining order should be placed on me? You do not have to be informed ahead of time about the request for the temporary restraining order. A court commissioner or judge decides whether to restrict your actions through a temporary restraining order. If a temporary restraining order is issued against you, it is effective immediately upon being given to (served on) you. It will include the actions you are prevented from engaging in. This restraining order will remain in effect until there is another hearing to determine whether to place an injunction on you. The notice of the injunction hearing will provide a date for the injunction hearing. This hearing will generally be held within seven days after the temporary restraining order is placed against you, unless one of the parties obtains an extension of the temporary restraining order. What happens at a hearing where a domestic abuse injunction is possibly placed against me? There will be a hearing to determine whether there should be an injunction against you. While you do not have to attend the injunction hearing, it is your opportunity to tell the court if you disagree with what is being said about you. At the hearing you can decide whether or not to oppose what is being said about you. If you disagree with the statements or want the court to have additional information, you will have an opportunity to speak to the judge or court commissioner before he or she makes a decision whether to place an injunction against you. If the judge or court commissioner decides to place an injunction against you, the written document will tell you the actions you are prevented from engaging in. An injunction WILL require you to surrender any firearms that you have. The only time that an injunction will not require you to surrender a firearm is if you are a police officer. I have had a domestic abuse injunction placed against me that says I cannot go to the home of my child's mother. She said that I could come over to pick up my child. Can I go over? No. Even if she invites you over, if there is an injunction preventing you from going to her home, you are violating the injunction if you go over. If you violate the injunction, you can be fined up to $1,000 and imprisoned for up to 9 months. In addition, the injunction is still in place even if you have gone over a few times to her home without having a confrontation. What type of actions can lead to a temporary restraining order or injunction for harassment? If you strike, shove, kick, or otherwise cause physical contact with a person this is considered harassment. In addition, if you threaten or attempt to do any of these actions this is also harassment. Moreover if you repeatedly harass or intimidate someone you are committing harassment. If you do any these actions, a court can place a harassment temporary restraining order against you or an injunction. What does a harassment temporary restraining order or injunction prevent me from doing? A temporary restraining order or injunction for harassment will require you to stop or avoid the harassment of another person. Some conduct you may be prevented from committing includes:
What is the difference between a harassment temporary restraining order and an injunction? The main difference between the two legal documents is in the court process and the length of time that you can be under the order. In addition, an injunction may require you to surrender any firearms you may have. What happens when a court places a harassment temporary restraining order on me? You do not have to be informed ahead of time of the request for the temporary restraining order. A court commissioner or judge decides whether a temporary restraining order should restrict your actions. If a temporary restraining order is placed against you, you have to follow the order upon it being given to (served on) you. The temporary restraining order will include the actions you are prevented from engaging in. It will remain in effect until a hearing to determine whether to place a harassment injunction on you. The temporary restraining order will provide a date for this separate hearing. This hearing will generally be held within seven days after the temporary restraining order is placed against you. What happens before a court places a harassment injunction on me? There will be a hearing to determine whether there should an injunction against you. While you do not have to attend the injunction hearing, it is your opportunity to tell the court if you disagree with what is being said about you. At the hearing you can decide whether or not to oppose having an injunction placed on you. If you oppose an injunction being placed on you, it is up to the judge or court commissioner to decide whether to place a harassment injunction on you. If he or she does place an injunction on you, it will include the actions you are prevented from doing. In addition, you may be required to surrender any firearms that you have. What actions must a court believe I have done for it to issue a harassment injunction against me? A court must believe that you have done any of the following
How does domestic violence or harassment factor into a court's decision concerning custody or visitation with a child? The court should look at all factors relevant to the best interest of the child in determining custody or visitation. One factor the court will look at is whether either parent engaged in or alleged domestic abuse or harassment. The court will also consider instances of child abuse. If there is a temporary restraining order or an injunction against you, the family court commissioner or judge will be made aware of the order at any hearing on legal custody or physical placement (visitation). The existence of a Temporary Restraining Order/ Injunction tells the court that another court believed that domestic abuse occurred and may be the basis for the court granting sole legal custody or supervised visitation. I know that I may (or do) have a problem with domestic violence. What programs are available to help me? In Dane County, a number of certified batterers treatment programs exist to help women/men with problems with domestic violence:
Midwest Domestic Violence Resource Center
Attic Correctional Services
Family Service
Motivating Effective Nonviolence (has sliding fee scale) I am a stressed out parent. What programs are available to help me with my stress? In Dane County, there is a twenty-four hour telephone counseling service for parents under stress. The telephone number for this service is 608/ 241-2221. This service will help a parent to work out problems. In addition, in Dane County there is the Parental Stress Center located at 2120 Fordem Avenue. The mission of the parental stress center is to provide support and education in a group setting to family members who are under stress, and who have experienced, or who are at risk for experiencing child abuse or family violence. Some of the services offered by this organization include free, weekly, confidential, guided support groups for parents; free childcare during these meetings; and free bi-monthly parent education nights, with topics chosen by the program participants. To learn more about this program you should call 608/ 241-4888. ACKNOWLEDGMENTS CFFPP would like to thank the Snowden Fund of the Tides Foundation for providing primary support for the production and publication of this handbook. The Ford Foundation, Charles Stewart Mott Foundation, and Public Welfare Foundation provided additional support for this handbook. All of the ideas, opinions, and legal interpretations presented in this handbook are explicitly those of the Center on Fathers, Families, and Public Policy. It should not be assumed that the foundations providing support for this work share them. The production of this handbook would not be possible without the help of many individuals who took the time to read and comment on earlier drafts. Ultimately, any errors in interpretation of the laws of Wisconsin are solely those of the author. In addition, the Center on Fathers, Families, and Public Policy made the final decision as to whether to include or not include things in this handbook. We would like to particularly thank Attorney Tess Meuer of the Wisconsin Coalition Against Domestic Violence for her comments on this handbook. Her help in reading over and suggesting changes to this handbook was invaluable. In addition, we would like to thank Oliver Williams, Ph.D., who is the Director of the National Institute on Domestic Violence in the African American Community for his comments on the handbook. His work in the fight against domestic violence is a model for all organizations trying to help individuals. Moreover, Dane County Court Commissioner Mary Keppel's comments made sure that this document was legally accurate. Her work greatly improved this handbook. Most important we would like to thank fathers from the Urban League's Responsible Fatherhood Program for their extensive comments in reviewing this handbook. The fathers who we are greatly indebted to include: Dedrick Scott, Mark Stayton, Samuel Wright, Eric Emery, David Farrington, Myron Ashford, Chris Theis, Mark Nostad, Daren Wrasse, (Buddy) William A. Cooper Jr., Bernard Simmons, Francis P. Rave Sr., and Bobby Phillips. LEGAL SERVICES Many fathers cannot afford the assistance of a lawyer. This handbook is a source of information for low-income fathers and social service professionals who are trying to help these fathers. Even if a father understands the various laws surrounding visitation and custody, this does not replace the need for a competent lawyer to address issues as serious as visitation and custody. The information CFFPP provides in this handbook is not advice about anyone's particular legal problem. The Dane County Bar Association has started a service to help people who do not have an attorney in family law matters. This service helps people fill out forms necessary in a family law case. This service is available every Wednesday from 11:30 a.m. to 1:30 p.m. and is located in:
Room 226 of the City County Building |
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