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Q: How can I prevent vacating an order of protection in WI and transfer the case to IL?
I have an order of protection against the father in Illinois, while the case is being handled in Wisconsin. The order was granted due to threats of kidnapping and verbal abuse. During a Zoom court hearing, the GAL and judge discussed vacating the order, claiming I obtained it out of spite despite evidence. The judge also muted me when I tried to speak. I seek advice on preventing the order from being vacated and transferring the case to Illinois. Lawyers have advised that they can't assist until the transfer occurs, but I'm unsure how to request it.
A:
You can take action to prevent the vacating of your order of protection by formally requesting the court to maintain it. File a written objection with the Wisconsin court explaining why the order is necessary, emphasizing the threats of kidnapping and verbal abuse, and attach any supporting evidence you have, including police reports, text messages, or witness statements. Clearly state that the order is intended to protect your safety and the safety of any children involved.
To transfer the case to Illinois, you can file a motion for a change of venue or transfer with the Wisconsin court, citing jurisdictional reasons such as the residence of the parties, location of incidents, or convenience for witnesses. Include a request that the Illinois court assume jurisdiction over the order of protection and related matters. You should reference any Illinois statutes or reciprocity agreements that allow enforcement and continuation of protective orders across state lines.
While preparing these documents, make sure you follow Wisconsin court rules for formatting and filing, and keep copies of everything submitted. Attend any scheduled hearings and be prepared to speak about your safety concerns calmly and clearly. Even without a lawyer, being organized and providing thorough documentation strengthens your position to prevent the order from being vacated and to request the transfer to Illinois.
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