Info:
Me and my wife are in divorce in Wisconsin.
I moved in with her a year ago, to a place she was renting.
She never had lease or written reciepts for paying rent - the landlord
was her friend.
She locked me out and disposed my stuff outside.
There is no restraining order against me.
Her friends have threatened me.

Question:
I want to issue a restraining order against her and move back in our
place where she currently lives, and if she bothers me she'd be
breaking the order. Am I going to break any laws by doing so and can I
expect legal action against me of any kind.

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Clarification of Question by petrowi-ga on 11 Mar 2005 20:52 PST

A/ she has threatened me indirectly, her friends - directly. I'm really afraid
B/ she destroyed some of my important paperwork and canceled a credit
card. She (or a friend) blocked my email account
C/ another sub-question - since there is no lease or anything else
written on either name - who legelly lives there?

If you live in the same place as her you cannot file a restraining order.

Removal From Premises
The landlord may not confiscate your personal belongings, turn off
your utilities, lock you out of your apartment, or use force to remove
you.
http://datcp.state.wi.us/cp/consumerinfo/cp/top-complaints/tenants.html

  Wisconsin Restraining Orders  
Wisconsin offers three types of restraining orders to protect persons
who are in fear of being harmed or have been harmed by another person.
Restraining orders may help send the message to an individual that
their abusive behavior may result in an arrest and criminal charge.
The person who requests a restraining order is called the petitioner
and the abusive person to whom the order is being issued against is
the respondent.

http://danenet.wicip.org/dcccrsa/saissues/ro.html


?can I expect legal action against me of any kind.?


Oh ?.You bet you can?. 

If you are granted a restring order she can not come around you etc ?.
But if you read any of this you need to understand one thing. If you
are playing games with her and file a false statement in order to met
the criteria of the restraining order you are violating the law. Plus
restraining orders are only good for about 30 days then everyone goes
to court and talks to the judge. At this time the judge will make a
ruling on if you stay or she stays etc? Chances are that if she was
there before you then she will stay and you will get the boot. Listen
if you can?t get along with her then maybe takes this time to find you
a new place to live. If the landlord is her friend then you will get
evicted anyway.

And take my word on this if you live with someone a restraining order
can be granted to one or the other. This is what happens. The judge
signs it and gives it to me. I take it to your house where you are at
and you get the boot. I sever them all day long and they are legal.
Read the portion on the paper work. ?Can not enter or stay on the
premises where the petitioner reside?

It?s a hard knock life but its life 



?Leave the big words and grammar out of this and just answer the question?

A/ she has threatened me indirectly, her friends - directly. I'm really afraid
B/ she destroyed some of my important paperwork and canceled a credit
card. She (or a friend) blocked my email account
C/ another sub-question - since there is no lease or anything else
written on either name - who legelly lives there?

1st, you have to think why would you want to move back in when you are
in the process of a divorce, if this was a house that you both owned
or had legal right to an interest in the house, then maybe move back
in, but as toward an apartment which she lived in before you moved in
you might be looking at trouble, But if you wish to move back in 1st
do you have current bills in your name at that address? this will help
establish residency, if you can establish you where part of the lease 
then you tech can move back in but be aware, you to are in divorce
proceddings, you do not want to have a verbal argument one night where
her freind calls the cops they come out and even if its loud verbal
argument they ask one of you to leave, guess who that will be, then a
report is writen of why they where called out, not good and if she
lies when the cops come out you could be in jail for the night, on the
2nd temporary restaining order, you will have to go before a judge and
swear you are in harms way by your ex, and she will have her say also,
he still may grant you a tro but not allow you back into apartment, if
she can prove she lived their before you, on the other things keep a
record and durring divorce proceedings may be of use may not be not
much you can do but walk away from the situation