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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26108
Experience:  Litigation Attorney
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I would like a restraining order sealed or exsponged. I have

Resolved Question:

I would like a restraining order sealed or exsponged. I have a case that I can site that's similar, which was sealed.
Can you help me?
It's affecting my income.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Kirk Adams : What state is this in?
Customer:

Wisconsin

Kirk Adams : Ok. Thanks.
Kirk Adams : In order to get this done, you would first need to file a new motion to vacate or drop the restraining order.
Kirk Adams : Once that occurs, you can file a petition with the court to expunge the restraining order and have it removed from your record.
Customer:

Ok, Kirk, Do I need to vacate or drop the restraining order first? Is there a time line on doing this? You're saying to exspunge it, not seal it correct?

Customer:

Why didn't my attorney know this? Or do it?

Kirk Adams : Yes, if the restraining order is STILL in affect, it would have to be vacated first.
Kirk Adams : Expungement and sealing is basically the same thing - just different names.
Kirk Adams : If the restraining order is no longer in effect, then you wouldn't have to have it vacated.
Customer:

Kirk, The current Judge lost the election and will be gone in July.

Customer:

Should I wait until he's gone to file to seal or exsponge it in front of a new judge? Is this smarter to do with a new judge?

Kirk Adams : It probably makes no difference UNLESS you have issues/problems with this judge.
Customer:

Isn't it harder to vacate it?

Customer:

Well he didn't want to seal it 2 months ago (for no apparent reason).

Customer:

My ex and 3 other attorney's witnesses agreed to seal it. So yes, maybe a new Judge would work better.

Kirk Adams : In order to vacate a restraining order, you generally have to be able to prove that there's no longer a need for the order to be in place - such as you and the other person moving away from one another, or some other separation that makes the order unnecessary.
Customer:

Yes, I moved 15 miles away from him over a year and a half ago.

Customer:

How do you suggest I go about filing this? Can I do it without an attorney?

Customer:

Are you there?

Customer:

How often are ro's sealed or expunged? What's the success rate in this?

Customer:

Do you know any local attorney that is successful in this?

Kirk Adams : Usually, if there's no longer a danger, the order will be lifted.
Kirk Adams : MO would recommend having an attorney do this to ensure its done right.
Kirk Adams : Sealing or expunging the order should be possible if the order has been vacated.
Kirk Adams : I don't know of the success rate, but a local lawyer could tell you what the judges in your area usually do.
Customer:

Ok so your saying I should wait until July until its been vacated, then go ahead and have it sealed, correct?

Customer:

Why have an attorney?

Customer:

Are you there? What should my argument be?

Kirk Adams : Yes, you'll have to have the order vacated first.
Kirk Adams : Then you can apply for an expungement.
Kirk Adams : Having an attorney will ensure the process is done correctly.
Customer:

I owned a business for 22 years under his name and if people look this up they'll see the ro. Also my son wants to work for me now and he has his dad's name.

Customer:

It affects my income greatly.

Kirk Adams : There are multiple petitions to file, notices to give, hearings to attend, etc. so it's usually best to have someone who knows what he/she is doing to handle it.
Kirk Adams : If you can find forms from a local legal aid office, you could try it yourself, but if you can't get forms, this would be tough.
Customer:

My last attorney was very disappointing. He didn't have another case to site when the judge requested it.

Customer:

Ok I'll look for the forms and try to do it myself. I work with attorney's by placing paralegals, this is very embarrassing., as they are at the courthouse daily. My friend is an attorney too.

Kirk Adams : That's unfortunate, but most should be able to handle this for you correctly.
Customer:

Exspongement or sealing what's the difference? What do you recommend?

Kirk Adams : I looked online for forms for your state, but I don't see any
Kirk Adams : But, a local legal aid office may have forms you can use.
Customer:

Ok thanks.

Kirk Adams : It's the same thing - Wisconsin calls it expungement.
Customer:

Also, my ex never obeyed the court order to give me 15 furniture items. So my attorney wrote him a letter 2 months ago.

Customer:

But his wife threw everything out 1 month ago and they said I had plenty of time to pick up things at the house. But actually with an ro I couldn't retrieve anything. What shall I do about this?

Customer:

Violating a court order? Can I get money for what was on the list. It's not the first time he's been in contempt. He held maintenance from me for 14 months.

Customer:

Is this called a retrial in the exspongement?

Kirk Adams : You could file a motion for contempt against your ex for violating the court order.
Kirk Adams : It shouldn't have to be a retrial. It can just be a new petition for expungement.
Customer:

Ok thanks. XXXXX do this now or after he lifts the RO? I want him to lift it.

Customer:

a motion for contempt for the furniture, is there a time line on this?

Customer:

Why does he keep ignoring court orders?

Kirk Adams : It makes no difference if you do this before or after - - legally. BUT, you may want to get the contempt order filed the then seek the restraining order to be lifted.
Customer:

Are you there?

Kirk Adams : As long as the other party is in contempt of the court's order, you can file a motion for contempt.
Customer:

It will be lifted in July when its up, I hope! so what shall I do first? Do I need to show proof that I had the furniture or is the list from the court order enough?

Customer:

I

Customer:

I'm trying not to make him upset so that he lifts the RO. Do you think if he has to pay me $8000. for the furniture or so he'll keep the RO enforced?

Kirk Adams : The court order - - along with your testimony as to what happened - - is likely enough.
Kirk Adams : Technically, one should have nothing to do with the other.
Kirk Adams : HOWEVER...
Customer:

Will he be upset enough not to remove r o?

Kirk Adams : If the person tells the judge that he/she is in fear or feels there is danger and wants the order to be continued, that could happen in retaliation to you doing this.
Customer:

If there's no time line on the contempt of court order then I'll do it AFTER the release.

Kirk Adams : SO, you're probably right in thinking to get the RO lifted and then address the contempt issue.
Customer:

Thank you very much!

Kirk Adams : As long as the order isn't being complied with, the contempt should be recurring, so you should have time. Also, you're only talking about waiting a month or so before taking action.
Customer:

Right. Can you please site an example of the sealing of the ro and the contempt on furniture court ordered? Thanks

Customer:

Can you please site an example for me?

Customer:

Hello!

Kirk Adams : I've been looking.....
Kirk Adams : I haven't found one.
Customer:

Do you think it would be more convincing if I came forward with one?

Customer:

Status: rilder, 112 Wis2d at 556-57, 33 NW2d 252 Krier VEOG Envtl., Inc, 2005wi app256,288 Wis2d,632, 707NW

Kirk Adams : There generally aren't cookie cutter forms for things like this - - that's why an attorney or at least legal aid is a useful tool.
Customer:

What do you think of this for the sealing of the RO?

Kirk Adams : You're going to have to file a motion for contempt and also a petition for expungement.
Customer:

ok i will

Customer:

Did I site a good example?

Kirk Adams : Yes, that's a good example. Also, the judge has already said that there's proper authority to get the expungement done - - so that's encouraging.
Kirk Adams : The only form I find is here: http://www.wicourts.gov/formdisplay/CR-266.pdf?formNumber=CR-266&formType=Form&formatId=2&language=en
Customer:

for which case the expungement or the contempt?

Kirk Adams : That's an expungement form.
Customer:

OK Is the example good for my case?

Customer:

Do you have an example for the other contempt case?

Kirk Adams : Here's a sample contempt form: http://www.wicourts.gov/formdisplay/FA-4172.pdf?formNumber=FA-4172&formType=Form&formatId=2&language=en
Customer:

Ok thanks any example?

Kirk Adams : A motion for contempt is simply to say that the party has failed to honor the court's order, so there's not likely a case specifically on point for that.
Customer:

I'm going to sign off now.

Customer:

Are you there?

Kirk Adams : I am.
Customer:

What's an example for the contempt case?

Customer:

Hello?

Kirk Adams : I'm not sure I know what you mean.... An example of why the other party should be found in contempt?
Kirk Adams : The reason someone would be held in contempt is for violation a previous court order. That's all the proof you need to substantiate a contempt motion.
Customer:

Should I file the exspongement prior to the release?

Customer:

Oh like the fact he was in contempt prior to this order?

Kirk Adams : The usual procedure would be to have the protective order vacated/cancelled/terminated and then apply for an expungement.
Kirk Adams : Yes, that's right. Your basis for contempt is that he violated the previous court order.
Customer:

Ok thanks,

Customer:

Ok thanks

Customer:

Good Night!

Kirk Adams : Sure. Glad to help.
Roger, Attorney
Category: Legal
Satisfied Customers: 26108
Experience: Litigation Attorney
Roger and 6 other Legal Specialists are ready to help you
Expert:  Roger replied 1 year ago.
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