Our client, a member of the military, returned from deployment and moved in with his girlfriend. The relationship was strained, and the couple had a significant argument that night. The next day, the girlfriend sought a harassment injunction against the client and he was served with a temporary restraining order. As a military member, this was significant because people subject to an injunction can be prohibited from possessing firearms, meaning a career in the military could be in peril. Our attorney was able to reach the client's girlfriend in advance of the hearing on the permanent injunction. Attorney Verhoff was able to broker a deal in which the client signed a contract, agreeing to move out of the apartment and have no contact with his girlfriend, provided she agreed to voluntarily dismiss the injunction petition.
Violation of Harassment Injunction-Iowa County
Our client ad an outstanding warrant for not complying with the terms of a harassment injunction. She was understandably concerned as law enforcement was attempting to arrest her. She called Chirafisi & Verhoff to see if there was anything that could be done to help her situation.
There was: First, we got the warrant quashed so the client could continue with her day to day activities without being concerned that she was going to be arrested at work or her house. Then, we were able to review the correspondence between the client and the complaining witness which made it clear that the complaining witness was simply playing games with the legal system. After the initial appearance, we provided the prosecutor with the emails and text which made it clear that the complaining witness wasn’t looking for actual assistance to keep the client away from him, he was using the police to arrest the client when he didn’t want her around.
Once the prosecutor saw the emails and text, he agreed that the charges were not appropriate and dismissed the case outright. Our client was extremely grateful as it allowed her to continue on her career path without any further issues.
Injunction Petition Dismissed
The burden of proof at an injunction hearing is incredibly low. A judge only needs to find "reason to believe" a respondent engaged in certain conduct or will engage in certain conduct. But at Chirafisi & Verhoff, our lawyers have an unbelievable track record in having injunction petitions filed against our clients dismissed. In the most recent case, our client's former girlfriend filed a harassment injunction against him. Prior to the injunction hearing, our attorney met with the petitioner and worked out an agreement by which she voluntarily agreed to dismiss the petition, and our client agreed to have no contact with her for a period of four years. If our client violates the agreement, the judge is free to simply issue the injunction at a later time. In reaching this resolution, it ensured our client is not subject to an injunction, possible arrest, and possible prosecution unless there is a violation of the agreement.
Harassment Injunction Dismissed
After a lengthy relationship, our client broke up with his live-in girlfriend. He had virtually no contact with her for almost six-months. But one night, he went to her apartment to retrieve some property. While there, the client made some comments about his ex-girlfriend's new boyfriend. He then took the property and left. She responded by filing for a harassment injunction against him. Prior to the injunction hearing, Attorney Verhoff met with the ex-girlfriend to talk about the situation. After speaking with Attorney Verhoff, the client's ex-girlfriend agreed to enter into a stipulation to voluntarily dismiss the petition.
Injunction Petition Dismissed in Dane County
Our client found himself in the middle of a messy family court situation involving child custody issues. Also wrapped up in the situation was a piece of property that the petitioner’s parents owned and had allowed the couple to occupy for several years on a “rent-to-own” agreement. As the relationship deteriorated, the parents sought to remove our client from the property. Our client filed an action in family court regarding placement of the child he shared in common with the petitioner, and the petitioner, in turn, filed a harassment injunction against the client. Concerned about how an injunction would impact him, the client turned to our lawyers for assistance. Attorney Verhoff sat down with the client to review all of the relevant documents and evidence. He discussed the case with the client, came up with a strategy, and prepared the client for court. Attorney Verhoff liked our client’s chances in court on the merits, but explained to the client that the ultimate decision on whether or not to issue an injunction would be up to the judge. Attorney Verhoff recognized if an injunction was issued against the client, it would definitely hurt the client in his quest for child custody. On the morning of the injunction hearing, Attorney Verhoff met with the petitioner’s lawyer and worked out an agreement by which the petitioner agreed to dismiss the injunction without having the judge hear the case. In doing so, our firm secured an agreement by which no injunction was ever issued against our client, helping to preserve his case for custody in family court.
Injunction Denied
Our client’s relative filed a petition requesting the court to issue a four-year harassment injunction against her. The relative alleged that our client engaged in a series of acts, including stealing from her and damaging property. After the petitioner testified, our lawyers presented evidence to support our argument that the relative was simply attempting to use the injunction process to bolster her case in a related legal proceeding. The judge agreed and dismissed the injunction petition against our client.