Restraining Orders

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This page does not provide legal advice. It is meant to give a basic overview of the steps necessary to secure a restraining order as well as your rights in obtaining an order in Wisconsin. Here are some resources you may consult in order to get more information and assistance:

• Your county's Family Court Commissioner.
• Your county's District Attorney's Office or Victim/Witness Assistance Program.
• Local domestic violence, sexual assault or child abuse advocacy agencies.

A restraining order is a court order that prohibits contact and/or certain behavior directed to the person needing protection. It may be referred to as a civil order for protection, a stay-away or no hit order, an injunction or a temporary restraining order. They are different from bail or bond conditions, probation rules or a 72-hour no contact as condition of arrest order.

You do NOT need an attorney. Wisconsin law allows you to seek a restraining order without a lawyer's help. Many people feel more comfortable hiring an attorney, especially if there are concurrent criminal or family law cases which stem from the abuse.

Service representatives such as: victim/witness or family violence specialists and domestic violence advocates can provide support in obtaining a restraining order. They may be able to help you file papers and attend court hearings with you, but cannot speak for you in court.

Forms and information about restraining orders are available at your county courthouse, usually in the clerk of courts office.

Cost varies depending upon the type of order. There is no cost to file and serve Domestic Abuse Restraining Orders. The cost for harassment orders may be waived if the harassing behavior involves domestic abuse or stalking behavior. You may be able to have filing and service fees waived if you are low income. When you file your petition, ask how you can qualify.

Respondents face a mandatory firearm surrender that goes into effect when domestic abuse and child abuse final injunctions are granted. The court may order the respondent of a harassment injunction to surrender firearms if there is clear and convincing evidence that the respondent may use firearms to harm another or the public.

You enforce your temporary restraining order or final injunction by reporting violations to law enforcement. There are criminal penalties for respondents who knowingly violate valid orders, and Wisconsin law enforcement officers are mandated to make an arrest when they have reason to believe an order has been violated. Carry a copy of your order with you at all times.

Three types of restraining orders can be obtained for a number of reasons. They are primarily defined by the relationship that exists between the parties. The three types are:

Domestic Abuse: If an adult has intentionally caused you physical pain, injury or illness; has impaired your physical condition; has made you the victim of any Wisconsin sexual assault law; or threatened to harm you physically or sexually, you may ask for a domestic abuse restraining order if one of the following describes your relationship to the abuser.

1. you are related by blood or adoption; or
2. you are married or have been married to the person who has abused you; or
3. you have a child in common with the person who abused you; or
4. you have lived or are living with the person who abused you; or
5. you are receiving in home or community care from the person who has abused you; or
6. you are in (or were in) a dating relationship with the person who has abused you; or
7. you are under the guardianship of the person who has abused you, as defined by Wis. stat. 880.01(3).

Harassment: If a person attempts, threatens or does strike, shove, kick or otherwise subject you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose, you may ask for a harassment restraining order. Harassment orders are also obtained by victims of stalking.

Child Abuse: If a child is physically injured by other than accidental means, is a victim of sexual assault or exploitation, or is permitted or forced to violate prostitution laws, or is emotionally damaged by the behavior of an abusive adult, the child, a parent, stepparent, or legal guardian may ask for a child abuse restraining order on behalf of the child.

A Two-Step Process

The person who asks for a restraining order is called a petitioner, because they petition the court to order another person to stay away from them or to stop hurting them. The person being asked to stay away is called the respondent, because they have the right to "respond" to the court as to what is said in the petition.

People ask for TROs because they need immediate protection. It is also the first step in obtaining a longer term, "permanent injunction." To obtain a TRO:

1. Decide which type of restraining order fits your situation.
2. Fill out forms asking for protection, giving specific examples of the abuse. Make sure you include the date, time and brief description of every incident that caused you fear or injury.
3. Take the completed forms to a county judge or court commissioner. The office where you obtained the forms can tell you where they should be returned.
4. When you turn in the form, you will go before a court official who will conduct a temporary restraining order hearing. You will be asked about the alleged abuse or why you need a restraining order.
5. The judge or court commissioner may issue a restraining order for up to seven days. If a temporary restraining order (TRO) is granted, it goes into effect immediately after the alleged abuser is officially served with the paperwork instructing him/her to stay away from you. A date for the next hearing is set; the purpose of the next hearing is to change your temporary restraining order (TOR) into a permanent injunction that can be enforced for up to two years.
6. A law enforcement agency will serve the TRO on the respondent. This means your abuser is informed of the fact that you have obtained a TRO, of the type of abuse you say happened, and the date and time of the next court hearing. In the TRO, the respondent is officially notified to stay away from you "temporarily," and that they can be arrested for violating the TRO. You can also hire a private process server if you feel the respondent could be more effectively located and served by someone who is not a uniformed officer.
7. Obtain written proof or "affidavit of service" from law enforcement that the TRO was served, because the court will ask for that proof at the Injunction Hearing.

Step 2: The Injunction Hearing

1. You must appear in court to turn the restraining order from a Temporary Restraining Order into a Final Injunction that can protect you for up to two years. (The time and place for this hearing was set during the TRO hearing.)
2. The court official will allow you and the respondent to testify. It is important to bring information such as police or medical reports that back up your petition. You may only be allowed to discuss incidents you outlined in the TRO petition, so be sure whenever you fill out forms to do so completely. You may be able to have witnesses testify on your behalf.
3. If the court finds that the abuse or harassment has occurred or may occur, he or she will issue a Final Injunction for the period of time that you request. You can ask that an injunction be in effect for up to two years, and most victims ask for two years.
4. You may ask the court to set a time for the respondent to collect his or her belongings if you live together. You should ask that a police officer or sheriff be present at that time.
5. You will be given a copy of the court's order. If the respondent is not at the hearing, the order will be served on him or her by law enforcement.

Please remember that an injunction alone may not be enough to make the abuse stop. It is only part of a safety plan you will need to develop in order to increase your safety. You do not have to go through this alone—there are people in your community who care and can help. For more information about services in your area:

• Use the Wisconsin Resource Directory for Victims of Crime (which lists the services available in each Wisconsin county)
• NCADV—National Coalition Against Domestic Violence 1-800-799-SAFE (7233).
• RAINN—Rape, Abuse & Incest National Network 1-800-656-HOPE (4673)

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