Resource for a Recourse: Online Resource Center for Survivors of Abuse

WISCONSIN : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Domestic abuse in WI is when an adult family or adult household member does any of the following to an adult victim:

intentional infliction of physical pain, physical injury or illness,
intentional impairment of victim's physical condition,
property destruction, and
threatening to engage in any of the above acts

A domestic abuse restraining order protects adults from abuse by an adult family member or adult household member, including:

a current or former spouse
a parent
an adult child
a person related to you by blood or adoption
a person you currently or formerly lived with
anyone with whom you have had a child, even if you never married them
someone you are dating or have dated
an adult caregiver

Note: Domestic abuse orders do NOT offer protection from a step-parent, step-sibling or step-child unless you live with them or used to live with them.

Note: In Wisconsin, you may apply for a domestic abuse restraining order against a current or former same-sex partner. Please note that it is up to each individual judge, and some judges may not grant these. Please talk to someone at a local domestic violence organization for help determining how a judge is likely to rule in your case.

Types of protective orders:

Temporary domestic violence restraining order

This type of order is the first step in a 2-step process. It is a court order designed to protect you and your family from immediate danger. It can be granted without the knowledge of the abuser, or his presence in court. In general, a temporary order will last until the court hearing that you must attend in order to receive a final order. This will usually be within 14 days. Temporary orders are granted only if you can prove to the judge through your testimony or evidence that one is necessary to prevent imminent harm to you or your family.

Final domestic abuse restraining order

This is the second step in the 2-step process. It is a court order designed to protect you and your family from harassing or abusive behavior in a more permanent way than a temporary order. It can be issued only after a court hearing, in front of a judge or court commissioner, in which you and the abuser both have a chance to tell your sides of the story. Final restraining orders may also be called final injunctions. A final domestic abuse restraining order can last up to four years. You may file to have your restraining order extended.

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Benefits:

A domestic abuse restraining order may:

Order the abuser to refrain from committing acts of domestic abuse against you
Order the abuser to stay away from your residence, or any other location you are temporarily occupying, or both
Order the abuser to avoid contacting you directly or through a third party, with the exception of the abuser's attorney and any law enforcement officer
Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms.
Grant other relief that you ask for, if the court finds the relief is necessary for your protection.

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Costs:

There are no fees for filing for a domestic abuse restraining order.

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Violations:

Through the Civil Court System (Civil)

You may file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he does anything that your restraining order tells him not to do. To file for civil contempt, go to the clerk's office and tell him/her that your abuser has violated the restraining order and you want to file for civil contempt.

Through the Police or Sheriff (Criminal)

If the abuser violates the restraining order, call 911 immediately. In some cases, the abuser can be arrested right away. Tell the officers you have a restraining order and the abuser is violating it. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out. If you have legal documentation of all violations of the order it will help you have the order extended or modified. If the abuser is arrested, then the District Attorney can prosecute your abuser because it is a crime to violate a restraining order. If he or she is found guilty of a violation of a restraining order, the abuser may be fined and/or put into jail.

Note: If the abuser violates the order and the police do not make an arrest or charge the abuser with a violation of a court order, you can contact the Wisconsin Office of Crime Victim Services if you feel the police did not take appropriate action.

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