How to File a Domestic Abuse Restraining Order in Wisconsin: Timelines and Procedures
If you are in immediate danger in Wisconsin, you can quickly request a Temporary Restraining Order (TRO) to protect yourself and your family. If the judge grants the TRO, a final injunction hearing will be scheduled within 14 days to determine whether to enter an injunction for up to four years, up to 10 years, or permanently in qualifying cases.
Introduction to Domestic Abuse Injunctions in Wisconsin
Experiencing domestic violence is overwhelming, but the Wisconsin legal system provides immediate protective tools to help keep you safe. Whether you live in Milwaukee, Madison, or Green Bay, a Chapter 813 Domestic Abuse Injunction can legally force an abuser to stay away from your home, workplace, and children.
Because the court process moves extremely fast, knowing exactly what to file and what to expect is critical. It is highly recommended to seek guidance from a local family law attorney in our directory to help you present your case effectively. Below is a clear, step-by-step guide to navigating the restraining order process in this state.
Step-by-Step Process for Filing a Restraining Order
In Wisconsin, securing long-term protection is a two-step process. First, you ask for emergency, short-term protection (a TRO). Second, you attend a formal hearing to get a final injunction.
Step 1: Filing the Petition
The process begins by filling out the correct paperwork at your local county courthouse. You must submit Form CV-402, Wisconsin, Circuit Court, Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing - Domestic Abuse. Under Wis. Stat. § 813.12, you must swear under oath that the respondent (the abuser) intentionally caused physical pain, injury, or illness, or threatened to do so. You will file this paperwork with the clerk at a court such as the Milwaukee County Circuit Court, Milwaukee or the Dane County Circuit Court, Madison. Be as specific as possible about dates, injuries, and the exact words the abuser used to threaten you.
Step 2: The Ex Parte Hearing for a TRO
After filing, a judge or court commissioner will review your petition almost immediately. This is called an ex parte review, meaning the abuser is not present and does not even know you are applying for the order yet. If the judge reads your petition and believes you are in imminent danger, they will sign the Temporary Restraining Order (TRO). The TRO goes into effect the moment it is formally served (handed) to the abuser by the local sheriff's department. This temporary order will protect you until the final hearing.
Step 3: Preparing for the 14-Day Final Hearing
State law requires the court to hold a final injunction hearing within 14 days of issuing the TRO. At this hearing, both you and the respondent have the right to testify and present evidence. You must prove by a preponderance of the evidence that domestic abuse occurred, using text messages, police reports, medical records, or witness testimony. Under the binding precedent in Hayen v. Hayen, 232 Wis. 2d 447 (WI Court of Appeals 2000), if the court finds sufficient grounds to grant an injunction under Wis. Stat. § 813.12, it must order it for the full length of time requested by the petitioner. While standard orders are granted for up to four years, the court may order an injunction for up to 10 years under Wis. Stat. § 813.12(4)(d)1 if there is a substantial risk of homicide or sexual assault, or permanently under Wis. Stat. § 813.12(4)(d)1m if the respondent was convicted of sexually assaulting the petitioner.
How Much Does it Cost in Wisconsin?
Safety should not have a price tag. Wisconsin law ensures that victims of domestic violence can access the courts without financial barriers.
- Filing Fees: There is no filing fee to request a Domestic Abuse Temporary Restraining Order or Injunction. It is entirely free.
- Service Fees: Local law enforcement (like the sheriff's department) will serve the TRO on the respondent free of charge.
- Lawyer Fees: If you hire a private attorney to represent you at the final 14-day hearing, they typically charge a flat fee ranging from $1,500 to $3,500, depending on the complexity of the case.
How Long Does the Process Take?
The initial step is incredibly fast. You can usually file the paperwork and receive the temporary order on the exact same day. The sheriff will attempt to serve the papers within 24 to 48 hours. From the date the TRO is granted, you will wait no more than 14 days for the final injunction hearing. If granted, the final injunction typically protects you for up to four years, with the statutory option to extend up to 10 years or permanently in cases involving severe danger or sexual assault convictions.
Frequently Asked Questions (FAQ)
What happens if the abuser violates the restraining order?
Violating a domestic abuse TRO or injunction is a criminal offense in Wisconsin. If the respondent contacts you or comes near your property, you should call 911 immediately, and they are subject to mandatory arrest.
Do I have to see the abuser in court?
Yes, at the 14-day final injunction hearing, the respondent has the right to be present and defend themselves. However, the court provides security, and you do not have to speak directly to them.
Can a restraining order dictate child custody?
No. A domestic abuse injunction is not a custody order. While a judge may temporarily order the abuser to stay away from the children to ensure safety, formal custody and placement must be resolved in a separate family court case.
Can I drop the restraining order if we make up?
Only a judge has the power to dismiss or modify the injunction. If you wish to drop the order, you must file a formal motion with the court and explain your reasoning to the judge at a hearing.
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