Injunction

Injunction Dismissed, Dane County

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.

Injunction Petition Denied, Dane County

In this case, a female colleague of our client sought an injunction against him after she alleged he engaged in inappropriate behavior with her during a business trip.  The client hired Attorney Tim Verhoff on the advice of another, local lawyer.  At the injunction hearing, the petitioner testified.  She stated that she suspected our client drugged her before escorting her to her hotel room and kissing her against her will.  She also claimed he contacted her multiple times after the incident.  The client denied the accusations.  Our lawyer cross examined the petitioner and got her to admit under oath that she consumed more than a half-dozen mixed drinks and a significant amount of wine during the evening.  She agreed she was extremely intoxicated and did not fully recall what happened in the room.  She also admitted she had no reason to believe our client actually assaulted her.  Before Attorney Verhoff could even finish his cross examination of the petitioner, the judge intervened.  The judge concluded that she had heard enough and denied the petitioners request for an injunction. 

Injunction Petition Denied

A Dane County judge denied a domestic abuse injunction filed against one of our clients after Attorney Verhoff argued the evidence did not merit a finding that the client engaged in domestic abuse against the petitioner.  He also argued that, given the timing of the filing, it appeared the petitioner was attempting to use the injunction as leverage in a family court case where child placement was an issue.  At the conclusion of evidence, the judge agreed with our attorney's argument but went a step further.  The judge stated that event if he believed the client engaged in an act that constituted domestic abuse he would still have denied the petition under the circumstances in light of Attorney Verhoff's argument.

Injunction Denied in Dane County

Some relationships end badly.  For our client, it was a worst-case scenario.  After our client broke up with his long-time girlfriend, she petitioned the court for harassment injunction against him.  Our client, an avid hunter, was particularly concerned because his former girlfriend sought to have him barred from possessing firearms during the four-year injunction period.  She alleged a variety of poor behavior on the part of our client, including a physical assault and stalking.  Our client denied this and was prepared to testify. 

At the injunction hearing, the former girlfriend and another witness for her testified.  Attorney Verhoff meticulously picked apart the testimony about the alleged assault and “stalking” behavior.  He confronted the girlfriend about her allegations and used text records and social media records against her.  At the conclusion of cross examination, the judge stated he did not need to hear from Attorney Verhoff’s witnesses.  Based on the cross examination alone, the judge denied the injunction and said, from the record before him, it could be suggested that the girlfriend had harassed our client, not the other way around. 

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.