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 daisies.1977@gmail.com.

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.

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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).
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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.

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Useful Web Sites

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