What You Need to Know About Wisconsin Restraining Orders
In Wisconsin, an individual can file a restraining order if they need protection from another person. Here’s everything you need to know about Restraining Orders in Wisconsin.
A restraining order is when a court orders someone not to hurt someone, stay away from the person, move out of the house, have no contact with the person, or stop harassing the person. One can file a Temporary Restraining Order when the court decides to issue an injunction.
Wisconsin Restraining Orders
In Wisconsin, there are four main types of restraining orders:
- Domestic abuse,
- Harassment,
- Child abuse, and
- Individual at risk.
In cases of domestic violence, the state can order a restraining order or an injunction for at most 4 years.
How to File a Restraining Order in Wisconsin
To get a restraining order in Wisconsin, an individual should do the following:
- Request papers for a temporary restraining order (TRO);
- The court will decide if they want to issue the TRO;
- If issued, the court will schedule an injunction hearing;
- At the hearing, the petitioner will ask the court to order a final order of protection, called an injunction.
Related: What Happens If You Violate Your Own Restraining Order?
The court can grant an injunction for 2 years for child abuse, and at most 4 years for domestic issues.
An individual can file a Temporary Restraining Order electronically through the eFiling system.
Eligibility for a Restraining Order in Wisconsin
Domestic Abuse
To qualify for filing a domestic abuse injunction, the one who committed domestic abuse must fall into one of the following categories:
- A current or former spouse;
- A parent;
- An adult child;
- A person related to the victim (by blood or adoption);
- A person who currently or formerly lived with the victim;
- Anyone with whom the victim shares a child;
- Someone the victim was or is dating; or
- A caregiver.
Child Abuse
Only the following parties can petition the court for a child abuse restaining order:
- The child victim,
- A parent,
- A step-parent, or
- A legal guardian.
Harassment
To file a harassment restraining order, an individual presently experience any of the following:
- Sexual abuse,
- Stalking,
- Threatening, or
- Harassment.
If the victim is a minor, their parent, step-parent, or legal guardian can file on their behalf.
Related: How to Prove Violation of a Restraining Order
Individual at Risk
Any of the following people can file an individual at risk restraining order:
- An individual at risk,
- A social service worker,
- Law enforcement personnel,
- Parents,
- Adult siblings,
- Adult children,
- Legal guardians of adults at risk, and
- County protective service agencies.
FAQs About Wisconsin Restraining Orders
What are domestic abuse restraining orders in Wisconsin?
In Wisconsin, if someone is experiencing domestic abuse, they can file a restraining order. Examples of domestic abuse include intnetional infliction of physical pain or injury and sexual assault. Domestic abuse occurs between family or household members, former spouses, caregivers against those in their care, people in a dating relationship, or people who have a child together.
What are harassment restraining orders in Wisconsin?
Harassment includes a wider variety of behavior as compared to domestic abuse. In Wisconsin, striking, shoving, and stalking, are examples of harassment warranting a restraining order.
What are child abuse restraining orders in Wisconsin?
In Wisconsin, child abuse includes (but is not limited to) trafficking a child, sexual assualt of a child, or causing physical injury to a child.
What are individual at risk restraining orders?
An individual at risk restraining order entails a person with a physical or mental condition impairing their ability to care for their own needs or an elder over the age of 60 who is at risk. Some of the behaviors warranting a restraining order are physical abuse, sexual abuse, emotional abuse, and neglect.
How does one look up a Restraining Order in Wisconsin?
To access the types of restraining orders and forms to fill them out, one should go to the Wisconsin Court System website. This page includes a petition for TRO, an Injunction form, Order Extending Time for Hearing, and more.
Contact Us
If you or a loved one would like to learn more about Wisconsin Restraining Orders, get your free consultation with one of our Domestic Violence Attorneys in Wisconsin today!