Restraining orders in Wisconsin are powerful legal tools that can dramatically affect where a person can go, who they can contact, and how they live their daily life. Whether you are seeking protection from someone who has threatened or harmed you, or you have been served with a restraining order you believe is unjust, understanding the process is critical.

Types of Restraining Orders in Wisconsin

Wisconsin law recognizes four distinct types of restraining orders, each governed by its own statute and designed for different circumstances:

Domestic Abuse Restraining Order (Wis. Stat. § 813.12): Available to individuals who have experienced domestic abuse — defined as intentional infliction of pain or injury, sexual assault, stalking, or property damage committed by a family member, household member, or a person with whom the petitioner has or had a dating relationship.

Harassment Restraining Order (Wis. Stat. § 813.125): Covers harassment or stalking by anyone, including neighbors, coworkers, acquaintances, or strangers. Harassment is defined as striking, shoving, kicking, or otherwise subjecting the person to physical contact; engaging in a course of conduct or repeatedly committing acts that harass or intimidate the person; or making verbal or written threats.

Child Abuse Restraining Order (Wis. Stat. § 813.122): Designed to protect children from abuse. Can be sought by a parent, guardian, or other appropriate adult on behalf of the child.

Individual-at-Risk Restraining Order (Wis. Stat. § 813.123): Protects adults at risk — such as elderly individuals or adults with disabilities — from abuse, neglect, or financial exploitation by caregivers or others.

The Temporary Restraining Order (TRO) Process

Obtaining a restraining order in Wisconsin begins with filing a petition in circuit court. A petitioner does not need to notify the respondent (the person against whom the order is sought) before filing. A judge can issue a Temporary Restraining Order (TRO) based solely on the petitioner’s sworn statement, without a hearing and without the respondent’s presence. This ex parte process is designed to provide immediate protection.

A TRO is typically issued the same day the petition is filed, or within a few days. It remains in effect until the injunction hearing, which must be held within 14 days for domestic abuse TROs (Wis. Stat. § 813.12(3)(c)).

The Injunction Hearing

The injunction hearing is where both sides have the opportunity to present evidence and testimony. The petitioner bears the burden of proving by a preponderance of the evidence that the respondent has committed the acts alleged and that there are reasonable grounds to believe the respondent may engage in such acts again. At this hearing, the respondent can challenge the petitioner’s account, present witnesses, and offer documentary evidence.

If the court grants an injunction, it can last up to four years for a domestic abuse injunction, and can be renewed. For a harassment injunction, the term is also up to four years.

Consequences of a Restraining Order or Injunction

A restraining order or injunction can prohibit the respondent from contacting the petitioner, from going near the petitioner’s home, workplace, or school, and from possessing firearms. Under federal law (18 U.S.C. § 922(g)(8)), a person subject to a qualifying domestic abuse injunction is prohibited from possessing firearms — a serious collateral consequence for hunters, law enforcement officers, and others.

Violating a restraining order is a criminal offense in Wisconsin. A first violation can be charged as a Class A misdemeanor (up to 9 months jail and $10,000 fine). Subsequent violations or violations involving violence can be charged as felonies under Wis. Stat. § 813.12(8). Restraining orders can also appear alongside or overlap with domestic violence charges — if you are facing both, the stakes are significantly higher.

Defending Against a Restraining Order

If you have been served with a TRO, you have the right to contest it at the injunction hearing. This is your opportunity to present your side. An attorney can help you gather evidence, prepare witnesses, cross-examine the petitioner, and make legal arguments to defeat the injunction or limit its scope. False or exaggerated allegations in restraining order proceedings do occur, and the consequences of an unjust injunction can be severe.

Contact Attorney Christopher S. Carson

Whether you need protection or need to defend yourself against a restraining order, the stakes are real. Attorney Christopher S. Carson has more than 22 years of experience helping Wisconsin clients navigate restraining order proceedings as part of a comprehensive criminal defense and family law practice. He will listen to your situation and advise you on the best path forward. Call today for a free consultation: (262) 860-8932.