Wisconsin Protective Orders Laws

Wisconsin offers four different types of protective orders to address different situations, including domestic abuse, child abuse, harassment, and abuse of vulnerable adults. Understanding which type of order you need and how to obtain one is crucial for your safety.

This guide explains the types of protective orders available in Wisconsin, what they do, how to get one, what happens if an order is violated, and other resources available to victims.

What Is Domestic Abuse in Wisconsin?

Before understanding protective orders, it’s helpful to know what Wisconsin considers domestic abuse, since this determines eligibility for domestic abuse restraining orders—the most common type of protective order.

Domestic abuse in Wisconsin requires two elements: a qualifying relationship and a qualifying abusive act.

Qualifying Relationships

Wisconsin law defines specific relationships that qualify:

• Spouses or former spouses
• Parents with a child in common
• Parents and adult children
• Family members by blood or adoption
• People in a dating relationship (romantic or intimate, not casual)
• People who were in a dating relationship
• Household members—people who live or have lived together
• Caregivers (against adults they care for)

Qualifying Acts

Domestic abuse under Wisconsin law includes:

• Intentionally causing physical pain, injury, or illness
• Intentionally impairing someone’s physical condition
• Sexual assault
• Stalking
• Intentionally damaging property belonging to the victim
• Threatening to commit any of these acts

Types of Protective Orders in Wisconsin

Wisconsin offers four main types of protective orders, each designed to address different situations. All protective orders issued in Wisconsin are enforceable nationwide under federal law.

What Protective Orders Do

Protective orders are tailored to each individual case, but they typically include provisions designed to keep the victim safe from the abuser. The specific provisions depend on the type of order and the circumstances of the case.

Common Provisions in Wisconsin Protective Orders

Protective orders are tailored to each individual case, but they typically include provisions designed to keep the victim safe from the abuser. The court has broad discretion to include any provision necessary for your safety and protection.

The court has broad discretion to include any provision necessary to protect you and your family.

How to Get a Protective Order in Wisconsin

The process for obtaining a protective order involves filing a petition, potentially receiving a temporary order, and then attending a hearing for a longer-term injunction. Here’s what you need to know for each step.

Step 1: Determine Which Type of Order You Need

Based on your situation, determine which type of protective order is appropriate:

• Domestic abuse order: For abuse by a spouse, dating partner, family member, household member, or co-parent
• Child abuse order: For abuse of a child
• Harassment order: For stalking or harassment by someone you don’t have a domestic relationship with
• Individual at-risk order: For abuse or exploitation of an elderly or disabled adult

Step 2: File a Petition

Step 3: Temporary Restraining Order (TRO)

After you file your petition, a judge or circuit court commissioner will review it immediately. If the court determines you’re in immediate danger, a temporary restraining order (TRO) will be issued.

TROs are typically issued “ex parte,” meaning the respondent doesn’t need to be present or notified beforehand. This allows the court to act quickly to protect you.

Law enforcement will serve the TRO to the respondent at no cost to you. The order becomes effective once it’s served to the respondent.

The TRO lasts up to 14 days or until the full court hearing, whichever comes first.

Step 4: Court Hearing (Injunction Hearing)

A full court hearing must be scheduled within 14 days after the TRO is issued. This is your opportunity to present your case for a longer-term protective order (called an injunction).

At the hearing, both you (the petitioner) and the respondent can:

• Present evidence (photos, medical records, text messages, emails, police reports, etc.)
• Call witnesses to testify
• Make arguments to the court
• Have legal representation

Be prepared to clearly explain why you need protection. You also have the right to have a domestic violence advocate or an attorney with you for support and to make these arguments on your behalf. 

The respondent has the right to:

• Respond to your petition in writing or in person
• Present their own evidence
• Challenge your allegations
• Have legal representation

If the respondent fails to appear at the hearing, the court may still issue the injunction based on the evidence you present.

Step 5: Injunction (Long-Term Protective Order)

If the court determines the respondent poses an ongoing threat to you, it will issue an injunction—the longer-term protective order. All injunctions can be renewed before they expire. You can petition for renewal during the months before expiration.

The table below outlines the standard duration for each type of protective order, as well as how long they can be extended. 

Order Transmission to Law Enforcement

Once issued, the court clerk will automatically send a copy of the order to the appropriate local law enforcement agency within 24 hours. Other law enforcement agencies throughout Wisconsin and across the country will have access to it through a verification system.

What Happens If a Protective Order Is Violated?

If your abuser violates or threatens to violate your protective order, call 911 immediately. Law enforcement can arrest violators with reasonable grounds to believe a violation occurred.

Penalties for Violating a Protective Order in Wisconsin

Wisconsin takes violations of protective orders very seriously. Violating any type of protective order is a criminal offense with severe penalties.

Violations of protective orders are considered domestic abuse offenses. This means violation convictions count toward enhanced sentencing for future domestic abuse crimes. Repeat offenders can have up to two additional years added to their prison sentences.

What Counts as a Violation?

A violation occurs when the respondent knowingly:

• Makes contact with you (in person, by phone, text, email, social media, or through third parties)
• Comes within the prohibited distance of you
• Goes to locations they’re prohibited from (your home, workplace, school, etc.)
• Fails to surrender firearms as ordered
• Violates any other specific provision of the order

Mandatory 72-Hour No-Contact After Domestic Abuse Arrest

Anyone arrested for domestic abuse in Wisconsin is automatically subject to a mandatory 72-hour no-contact order upon release. They must avoid the victim’s residence and have no contact with the victim whatsoever. 

Penalties for violation include:

• Up to 9 months in jail
• Fines up to $10,000
• The violation itself counts as domestic abuse for future sentencing

You can sign a waiver to forego this protection, but you are under no obligation to do so.

Firearm Surrender and Violations

If the court issues a surrender and extend order, the respondent has 48 hours to surrender all firearms to law enforcement. They cannot possess firearms for the duration of the order, but they can petition to get them back after the order expires. 

Failure to comply with this order can result in up to nine months in jail and a $10,000 fine. Federal firearms violations can also apply. 

Enforcement Across State Lines

Protective orders issued in Wisconsin are enforceable anywhere in the United States under the federal Violence Against Women Act (VAWA). If you travel to another state, your Wisconsin protective order remains valid, and law enforcement in other states must enforce it.

Similarly, if you have a protective order from another state and are in Wisconsin, it is fully enforceable here.

Other Protections for Domestic Violence Victims in Wisconsin

Beyond protective orders, Wisconsin offers additional resources and legal protections to help victims of domestic violence escape their abusers and rebuild their lives.

Safe at Home Program

Wisconsin’s Safe at Home Program is a free address confidentiality program designed to keep victims of domestic abuse, sexual assault, stalking, and human trafficking hidden from their abusers. The program provides:

• A substitute legal mailing address for public records (voter registration, driver’s license, vehicle registration, etc.)
• Forwarding of first-class mail to your actual location
• Address confidentiality to prevent abusers from finding you through public records

To apply, you must first find an authorized application assistant to help you. Application assistants are located at domestic violence programs, sexual assault programs, and other agencies throughout Wisconsin. The state also maintains a list of agencies and phone numbers to help you find an application assistant. 

Rental Rights for Victims

Wisconsin law provides important protections for domestic abuse victims who share rental property with their abusers. Victims fleeing their abuser can legally break a lease without penalty. However, must provide written notice to your landlord and some kind of documentation explaining your situation (such as a protective order or police report). 

If you want to stay in your current home, you can request that the landlord change the locks (at your expense). You can also get permission to change the locks yourself, as long as you provide the landlord with a copy of the new key. 

The landlord must respond within 48 hours of receiving your request and proof of abuse.

Domestic Abuse in Divorce and Child Custody

Wisconsin is a no-fault divorce state, which means you generally don’t need to provide evidence of why you want to end the marriage. But the courts take domestic abuse seriously when issuing temporary orders during divorce proceedings.

Protections include:

• Domestic abuse restraining orders as part of divorce proceedings
• Orders requiring spouses to stay separated
• Temporary custody arrangements that protect victims and children
• Waiver of mandatory mediation if attending would endanger your safety

Domestic abuse also significantly impacts custody determinations. Wisconsin family courts operate under the best interests of the child standard. If the court finds a pattern or serious incident of domestic abuse, it can:

• Limit or restrict the abusive parent’s custody rights
• Order supervised visitation only
• Grant sole legal custody to the non-abusive parent
• Restrict or deny visitation if necessary for the child’s safety

An abusive parent who successfully completes a certified batterer treatment program and is not abusing alcohol or drugs can petition to modify custody arrangements.

Civil Lawsuits for Damages

In addition to criminal charges, you can sue your abuser in civil court for damages related to domestic abuse. Recoverable damages include:

• Medical bills and ongoing treatment costs
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Attorney fees (in some cases)

Get Legal Help With Protective Orders

Navigating the protective order process can be overwhelming, especially when you’re dealing with the trauma of abuse. You don’t have to face this alone.

If you’re seeking a protective order, a local attorney experienced in domestic violence cases can:

• Help you determine which type of protective order you need
• Assist with completing the petition accurately and thoroughly
• Gather and organize evidence to support your case
• Prepare you for court hearings and what to expect
• Represent you at hearings and present your case to the judge
• Ensure all necessary provisions are included in the order
• Help with related family law matters like divorce and custody
• Pursue civil damages for injuries you’ve suffered
• Connect you with additional victim resources and advocates

If you’re in immediate danger, call 911. When you’re ready to take legal action to protect yourself, contact a Wisconsin domestic violence attorney to discuss your options and begin your path to safety.

For help with custody matters related to domestic violence, a Wisconsin family law attorney can fight for arrangements that protect you and your children.