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Restraining orders - Frequently asked questions

Q. What is a restraining order?

In general, a "restraining order" is an order issued by a court that prohibits an individual from doing a particular action. In some states, these types of orders are referred to as "orders of protection" or "protective orders."

Q. What is a temporary restraining order?

A "temporary restraining order," or TRO, is a term used in Wisconsin to refer to a restraining order that only lasts a short period of time, generally less than two weeks. A TRO prohibits another individual from behaving in a certain way.

For example, if a temporary restraining order is granted, it can provide protection to the petitioner in the short term, up until an injunction hearing is held to review the petition. If an injunction is granted at the hearing, that injunction will protect the petitioner for a longer period of time, generally for 2-10 years, depending on what the court decides.

Q. What is an injunction?

An "injunction" is a term used in Wisconsin to refer to a restraining order that lasts for a longer period of time than the TRO. Injunctions are usually ordered to last two to four years, but can last up to 10 years depending on the facts of the case. Like a TRO, an injunction prohibits another individual from behaving in a certain way.

Q. What is a petition?

A petition is a document someone files with the court asking a judge or court commissioner to order something.

Q. What is a petitioner?

The person seeking protection from another person is called a "petitioner." The petitioner is one party in a restraining order case. This person files a petition with the court, which is a document asking the court to issue a temporary restraining order.

Q. What is a respondent?

The person against whom protection is being sought is the "respondent." The petitioner identifies the respondent in the petition filed with the court. When a restraining order is issued, the respondent is ordered to stop behaving in a certain way.

Q. Are there different types of restraining orders?

Wisconsin has four different types of restraining orders:

  1. Domestic abuse
  2. Harassment
  3. Child abuse
  4. Individual at risk

Each of the four types of restraining orders have different rules relating to who can file, what type of conduct must be alleged, how long each can last, and whether the respondent will be prohibited from possessing firearms.

More information about the four types of restraining orders can be found in Chapter 813 of the Wisconsin Statutes or in the Restraining Orders in Wisconsin resource produced by End Domestic Abuse Wisconsin.

Q. What is the process to get a restraining order?

There are two steps to obtain a restraining order in Wisconsin.

Step one is for the person seeking a restraining order to file a petition for a temporary restraining order asking the court to prohibit the respondent from behaving in a certain way. After reviewing the petition, a judge, or another court official called a court commissioner, will decide whether to grant or deny the request for a temporary restraining order. If the court decides to grant the request, the judge or court commissioner will issue a temporary restraining order (TRO), prohibiting the respondent from behaving in a certain way for a temporary period of time (usually approximately two weeks). The court can grant the TRO ex parte, meaning the decision is made without the respondent knowing that the petition is filed and without the respondent being at the courthouse. If the petition is granted, the court will set a date for the injunction hearing and notify the petitioner of this date. The respondent must also receive notice of the TRO and the date for the injunction hearing. The sheriff will let the respondent know by serving (or giving) the TRO and notice of hearing paperwork on the respondent.

Step two of the restraining order process involves the petitioner coming back to court for an injunction hearing to be held in front of the judge or court commissioner. The petitioner will have to explain why he or she is asking for a restraining order and may present evidence to the court. (For information on presenting evidence, visit https://www.endabusewi.org/introducing-evidence-video/.) The respondent will also have the opportunity to talk to the judge or court commissioner and present evidence. After hearing from the petitioner and the respondent, the court will decide whether to grant or deny the injunction. If granted, an injunction is in effect for a longer period of time than the TRO, generally ranging from two to 10 years, depending on the facts of the case.

Q. If a domestic abuse injunction is granted, is the respondent prohibited from possessing firearms?

If the court grants a domestic abuse injunction, the respondent is automatically prohibited from possessing firearms under Wisconsin law (Wis. Stat. § 813.12(4m)(a)). If the respondent owns or possesses any firearms, he or she will be required to surrender the firearms to the sheriff or to another person approved by the court.

Q. If a harassment injunction is granted, is the respondent prohibited from possessing firearms?

If the court grants a harassment injunction, the respondent is not automatically prohibited from possessing firearms under Wisconsin law. A court may prohibit the respondent from possessing firearms if the judge or court commissioner determines the respondent may use a firearm to cause physical harm to another or to endanger public safety (Wis. Stat. § 813.123(4m)(a)). If the court prohibits the respondent from possessing firearms, the respondent will be required to surrender any firearms he or she owns or possesses to the sheriff or to another person approved by the court.

Q. How do I know where to file my petition for a temporary restraining order?

In general, petitions for domestic abuse and harassment restraining orders can be filed in the county:

  • Where the petitioner lives
  • Where the respondent lives
  • Where the abusive incident occurred
  • Where the petitioner is temporarily living (domestic abuse only)

(Wis. Stats. §§ 801.50(5r) and (5s))

If you work in the legal system, you may be able to file a petition in a different county from where you live depending on your specific position. See Wis. Stats. §§ 801.50(5r)(a)-(h) and (5s)(a)-(h) for more information.

Q. 12. Will it cost money to get a restraining order?

It is free to file a petition for a domestic abuse restraining order. The court will not charge a filing fee and the sheriff will not charge to serve the paperwork on the respondent (Wis. Stats. §§ 814.61(1)(d) and 814.70(1)).

There may be a fee to file a petition for a harassment restraining order. If the judge or court commissioner finds that the petitioner alleges domestic abuse or stalking behavior in the petition, then no fee will be collected by the court or sheriff's office (Wis. Stats. §§ 814.61(1)(e) and 814.70(1)). If the petition does not allege these behaviors, then the court can charge a filing fee and the sheriff's office can charge a fee for serving the paperwork on the respondent.

Q. Is there someone who can help me go through the restraining order process?

Every county has a dedicated domestic violence agency that has advocates on staff who may be able to help you file a petition for a temporary restraining order and go through the court process with you. To find help in your county, use the following link: https://www.endabusewi.org/get-help/.

Q. Is there more information about restraining orders online?

End Domestic Abuse Wisconsin provides information about restraining orders at the following link: https://www.endabusewi.org/our-work/legal-services/.

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