Legal Help

The family and criminal court systems can be overwhelming. DAIS is here to help. DAIS Legal Advocates can help you with restraining orders, accompany you to court, and help answer your legal-related questions.

The information below describes the legal services we provide. If you need to speak with a Legal Advocate, please call our 24-Hour Help Line at 608-251-4445 or email legal@abuseintervention.org.

Overview
Restraining Order Assistance
Other Legal Help
Contact Info for Legal-Related Agencies
Useful Web Sites

Overview

DAIS Legal Program provides support, information, advocacy and court accompaniment to people who are experiencing intimate partner violence or stalking. DAIS legal services include assistance with restraining orders, and family law, criminal law, immigration, and other legal matters.

Legal Advocates work with people by phone, in individual meetings, and in court, and assist victims with safety planning, information and referrals to community partners.

Legal Advocates also provide information and referrals to victims of other types of abuse and concerned community members. Legal Advocates are not attorneys, and cannot give legal advice.

Contacting the Legal Program

To reach the DAIS Legal Program, call the 24-hour DAIS Crisis Line at 608-251-4445. A crisis line advocate can offer support, resources, and general legal information, and can connect you to the Legal Advocate voicemail. Please leave a detailed message, and a Legal Advocate will return your call between the hours of 8:30 a.m. to 4:30 p.m., Monday-Friday.

If you live outside of Dane County, you can call 1-800-799-SAFE to be connected with a program near you.

Restraining Order Assistance

DAIS Legal Advocates can help you file for a Restraining Order, plan for your safety, prepare for the final Restraining Order (Injunction) hearing, provide support during the hearing, and offer advocacy in the civil court system.

This chart explains restraining orders: the different kinds of restraining orders available, the help they provide, and who is eligible.

How to Get a Restraining Order

Step One: Obtaining the forms

Forms are available online, or go to the Probate Office, Room 1005, County Courthouse, 215 S. Hamilton St., Madison (Open 7:45am-4:30pm, M-F). Ask for restraining order forms.

Step Two: Completing the forms

The forms should come with detailed instructions. Follow the instructions carefully and fill them out as completely as possible.
On the “Petition”, write a statement of facts about the domestic abuse or harassment. Be as specific and detailed as possible.
You are the “petitioner” on all the forms; the abuser is the “respondent”.
Do not sign the forms until you file them at the Dane County Courthouse Probate Office.

Step Three: Filing the forms

Take the completed forms to the clerk at the Probate Office and wait for your name to be called. You will need to show the clerk photo identification (if you don't have ID, another person can vouch for your identity, or the clerk can ask you about your identity under oath).
A Court Commissioner will look over the papers, and if you have met the criteria for the Temporary Restraining Order (TRO), s/he will sign the temporary order, make photocopies, and schedule the date for the injunction hearing (usually 1 week later).
If you are filing for a Harassment Restraining Order, ask if fee can be waived due to the type of abuse (domestic abuse or stalking) or because you are low-income.
Take all the papers to the Clerk of Courts (Room 1000, Dane County Courthouse, across the hall from the Probate Office). Go to any open window and hand them the papers. They will assign a case number and create a case file.

Step Four: Service

Go to the Dane County Sheriff's Office - Civil Process Window on the 2nd floor of the Public Safety Building, 115 W. Doty St., (in the same block as the Courthouse, on the corner of Doty and Carroll St.) and give them the forms.
If you filed for a harassment restraining order and got a fee waiver, you will need to show the waiver form. If not, you will be billed for the service fee.
Keep your copy of the Temporary Restraining Order (TRO) with you at all times. The date and time of the Injunction Hearing are on your copy of the TRO. Report any violations to the police, even if the TRO has not been served.
Before your hearing, call Civil Process to see if the TRO has been served (284-6824 or 266-9038 after business hours).

Other Legal Help

Family Law Information

Legal Advocates provide basic information and support about divorce, legal separation, child custody and placement, paternity, child support, and other family law issues to people who have been abused by an intimate partner. In addition, we offer advocacy in the family law system. A legal advocate may be able to accompany you to court for a family law-related hearing.

Criminal Justice System Support

DAIS Legal Advocates provide information and advocacy about the criminal justice process including arrest, prosecution of the offender, the probation and parole system, and the Crime Victim Compensation Program.

If you have been arrested for a crime related to abuse by your intimate partner, a legal advocate may be able to provide support for you in the criminal justice system.

Contact Info for Legal-Related Agencies

Child Abuse Reporting - Dane County 608-261-KIDS (5437): This number is used to report child abuse to Child Protective Services.
Support Agency - Dane County 608-266-4031
Clerk of Courts: Civil/Criminal/Family/Small Claims/Traffic: 608-266-4311; Records Center: 608-266-4515
Commissioner's Center - Dane County 608-266-9048: Family court actions.
Community Corrections (Probation and Parole) 608-240-5300: If the abusive person is on probation or parole.
Community Justice, Inc. 608-204-9642: http://www.communityjusticeinc.org/; Non-profit law firm serving people with lower incomes.
Crime Victim Compensation Program 608-266-6470: Victims of crime may be able to obtain financial assistance for expenses related to the crime not covered by other resources.
DAIS Legal Program 608-251-4445 or 1-800-747-4045 (Dane County): Legal advocacy available for restraining orders, family law, criminal law, immigration, attorney referrals and more. Call the Help and Crisis Line (number above).
District Attorney's Office - Dane County, Domestic Violence Unit 608-284-6880: In criminal cases involving domestic violence, provides information about crime victim rights and the defendant's criminal case.
Deferred Prosecution Program 608-284-6896: If the abusive person is in the First Offender's Program, the victim may be able talk to the case worker about concerns with the abusive person.
Family Court Assistance Project 608-262-2301: Information and assistance from UW-Madison law students to people without lawyers.
Family Law Assistance Center: Wednesdays 11:30am -1:30pm; Spanish speakers available 1st and 3rd Wednesdays Volunteer attorneys provide family law information and assistance. Room L1000, Dane County Courthouse, 215 S. Hamilton St., Madison.
Jail (Dane County) - Central Booking 608-284-6100: To see if a person is in jail. You do not have to give your name to obtain this information.
Lawyer Referral Hotline- State Bar of WI 608-257-4666 or 1-800-362-9082: Provides lawyer referrals: www.legalexplorer.com
Legal Action of Wisconsin 608-256-3304: Family Law Intake: 1st and 3rd Tuesdays 9-11 am: 256-3258 Offers free legal assistance on civil cases to a limited number of people. Must be low income. Family law, housing, and public benefits.
Legal Resource Center - Dane County 608-266-6316 www.wicourts.gov/forms1/circuit.html: Room L1007, Dane County Courthouse, 215 S. Hamilton St., Madison M-F 8:30 -4:30. Legal forms available here and online
Madison Police Department Emergency 911Non-Emergency 608-255-2345
Neighborhood Law Project 608-260-8221: Free legal services in three areas: landlord/tenant, public benefits, and unpaid wages. Must be low-income.
Probate Office 608-266-4331: File for temporary restraining orders.
Public Defender's Office 608-266-9150: Legal representation in criminal cases for very low-income criminal defendants.
Sheriff's Department (Dane County): Civil Process 608-284-6824 (8am-4:30pm) or 608-266-9038 (after 4:30pm); To see if a person has been served with a restraining order.
Small Claims Assistance Center: Tuesdays, 9:00am - 11:00am: Information and assistance with small claims. Room L1000, Dane County Courthouse, 215 S. Hamilton St., Madison.
Tenant Resource Center Helpline 608-257-0006: Information about tenant rights and responsibilities.
UW-Madison Legal Information Center 608-265-2396: UW-Madison law students provide legal information. Not available in summer or over breaks.
VINE System 1-877-418-8463: Victim Information and Notification Everyday: Call for information about inmate charges, bail, and scheduled release date, or to register for automatic notification by telephone when an inmate is released or transferred.