This Wisconsin restraining order law information page does not provide legal advice.
It only gives a basic overview of the Wisconsin restraining order laws and your rights in obtaining a restraining order in Wisconsin.
Wisconsin court costs vary depending on the type of restraining order. These restraining order fees that the court charges are in addition to your attorney fees.
There is no court cost to file and serve Domestic Abuse Restraining Orders in Wisconsin.
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.
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.
If you need a Wisconsin family court lawyer to speak for you in court regarding your Domestic Violence or Restraining Order in Wisconsin, Call us today. We can help.
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.
Domestic abuse, child abuse, harassment and stalking are crimes which impact people from all communities, cultural backgrounds and economic levels. Restraining orders provide a civil remedy victims can use to increase their safety and to hold the offender accountable. It is possible to secure a civil order for protection while an offender is being prosecuted in the criminal justice system.
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.
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.
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.
1. 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.
you are related by blood or adoption; or
you are married or have been married to the person who has abused you; or
you have a child in common with the person who abused you; or
you have lived or are living with the person who abused you; or
you are receiving in home or community care from the person who has abused you; or
you are in (or were in) a dating relationship with the person who has abused you; or
you are under the guardianship of the person who has abused you, as defined by Wis. stat. 880.01(3).
2. 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.
3. 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.