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Wisconsin lease-break law leaves one Madison-area stalking survivor paying for two homes

A woman who says she was stalked moved out after police issued letters and a judge denied her restraining-order request. Wisconsin’s law allowing some tenants to leave for safety does not accept either document as proof of eligibility.

Wisconsin lease-break law leaves one Madison-area stalking survivor paying for two homes
A Wisconsin tenant who says she fled her apartment after being stalked is still responsible for rent there while paying for a second home, after a court denied her request for a restraining order and her landlord said she could not end her lease early. The woman, whose identity is being withheld for her safety, said the man she accuses of stalking her has not been criminally charged. She told police he repeatedly tracked her location and appeared at places where she was spending time after their relationship ended. Police issued stalking letters, and she sought a temporary restraining order, but a judge denied the request. The woman said she left the apartment after seeing the man drive past it. She has since moved away from the community, and said she is paying rent on two apartments. Wisconsin law allows tenants facing an imminent threat of serious physical harm to end a lease early, but it requires specific documentation. Qualifying documents include a granted injunction, a criminal complaint or certain release conditions in a criminal case. A temporary restraining order request and police stalking letters do not meet the law’s requirements. That leaves tenants who fear for their safety without an automatic way to use the law if they cannot obtain one of the listed documents. In this case, the apartment complex offered to move the woman to another unit in the same building, but did not allow her to break the lease. Ryan Poe-Gavlinski, a clinical associate professor at the University of Wisconsin-Madison Law School, said she has seen judges require more evidence before issuing restraining orders. She said courts must weigh the need to protect a petitioner against the effects a civil order can have on the person it is issued against, including consequences for employment and housing. Abrielle Newman, supervising attorney for the Eviction Defense Project, described the lease law as a strict process that balances competing interests. She said it can be an important option for tenants who meet the requirements, while also protecting landlords. The woman said another woman had previously sought a restraining order against the same man, but that request was also denied. The earlier request and the woman’s allegations do not establish that he committed a crime. Advocates recommend that people seeking restraining orders contact legal support, document incidents and prepare evidence such as messages, photographs and timelines. Wisconsin resources include the Domestic Abuse Intervention Services and the Restraining Order and Survivor Advocacy Clinic at UW Law. The woman said the experience has affected her finances and sense of safety, and left her feeling that seeking help had not enabled her to start over.

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