Wisconsin Protective Orders Laws

Protective orders go by several different names, including orders of protection, protection orders, and restraining orders. These court orders help victims of domestic abuse, violence, and stalking protect themselves from their abusers.

Protective orders are legally enforceable court documents that order the person named in the document (the "respondent") to stay a certain distance away from the person seeking the protection (the "petitioner").

There are four types of orders of protection in Wisconsin. Examples include the following:

• Domestic abuse restraining orders
• Child abuse restraining orders
• Harassment restraining orders
• Individual at-risk restraining orders

Wisconsin takes domestic violence very seriously. Wisconsin tries to help victims protect themselves by giving them access to protection orders. A violation of a restraining order imposes criminal penalties on the person who violates it.

Wisconsin has temporary restraining orders (TROs) besides standard protective orders. The court issues a TRO to give the petitioner more time to request a longer-term order. The judge or circuit court commissioner must consider the potential danger posed by the respondent to the petitioner when deciding whether to issue a TRO.

This article provides a brief overview of protective orders in Wisconsin. It begins with a definition of domestic abuse under Wisconsin law. It then provides a table with an overview of domestic abuse orders of protection. It concludes with a list of related resources.

If you or someone in your family is experiencing domestic abuse, there are federal and local resources available. Contact the National Domestic Violence Hotline, End Domestic Abuse Wisconsin, or local police.

Domestic Abuse Protective Orders: Overview

This section defines domestic abuse to help you understand Wisconsin's protective order laws. Below that, you can find information about what the petitioner must allege to get a domestic abuse protective order or TRO. Follow the links within the section for more specific information.

Domestic Abuse Defined

Under Wisconsin law, the term "domestic abuse" means an adult family member or adult household member engages (or threatens to engage) in the following against another adult family member or household member, against their former spouse, against an adult with whom they have or had a dating relationship, or against an adult with whom they have a child in common:

• Intentional infliction of physical pain, physical injury or illness
• Intentional impairment of a physical condition
• Sexual assault
• Stalking
• Property damage

How To Get a Protective Order or TRO

A person who wants a protective order must file a petition with the clerk of courts at a Wisconsin court. Any person who alleges they are a victim of domestic abuse may file a petition. The clerk will give the petitioner the court forms needed to file the petition.

The petition for a protective order or a TRO must allege facts sufficient to show the following (Wis. Stat. § 813.123(6)(c)):

• That the respondent interfered with (or may interfere with) an investigation of the individual at risk or
• That the respondent interfered with the delivery of protective services to (or a protective placement of) the individual at risk or
• That the respondent engaged in (or threatened to engage in) the abuse, financial exploitation, neglect, stalking, or harassment of an individual at risk or
• That the respondent engaged in (or threatened to engage in) the mistreatment of an animal

If the petitioner requests a TRO, the court or circuit court commissioner will either issue or refuse to issue it. The court will hold an injunction hearing if the petitioner requests a protective order. An injunction is a court order that requires someone to do or stop doing something. It is the final relief a petitioner may get with a protective order.

The petitioner must serve the respondent with a copy of the petition. The respondent must respond to the petition in writing or in person at the court hearing. But, a petitioner seeking a TRO does not need to notify the respondent.

For more information, consider contacting a Wisconsin domestic violence attorney. They can offer more information about how to file court forms and the court system generally. If you are a respondent, consider contacting a criminal defense attorney near you.

Wisconsin Law: Domestic Abuse Protective Orders

The chart below contains information about Wisconsin's protective order laws. For more information, follow the links in the chart or visit FindLaw's Domestic Violence section.

Note: State laws are subject to change due to legislative actions, court rulings, and other methods. Contact a Wisconsin domestic violence attorney or conduct your own research to ensure the accuracy of the laws you are researching.

Wisconsin Protective Orders and Related Laws: Other Resources

Visit the links below for more information about Wisconsin's domestic violence laws:

• Wisconsin Law
• Wisconsin Criminal Law
• Wisconsin Stalking Laws
• Wisconsin Domestic Violence Laws
• Wisconsin Family Laws
• Details on State Protective Orders Laws
• Domestic Violence: Orders of Protection and Restraining Orders
• Domestic Violence FAQ: Basics, Safety Planning, and Restraining Orders

For information about other states' laws on protective orders, visit FindLaw's State Codes section.

Need a Protective Order? Contact an Attorney

It is complicated to determine how to get a protective order and ensure its enforcement. Consider contacting a Wisconsin domestic violence attorney for legal help with filing a domestic abuse or other type of protective order. Their legal advice and representation can help ensure your ability to get an order.