What to Know About Restraining Orders in Wisconsin

A restraining order is a legal protection available to victims of domestic violence or domestic abuse in Wisconsin. These orders help protect victims by putting physical distance between them and their abuser, giving them the space they need, physically and mentally, to determine their next steps and take legal action against the abuser.

Protections Offered

What makes these orders so effective are the consequences of violating them. Anyone who violates one of these orders faces criminal charges. Restraining orders protect victims by prohibiting the abuser from:

• committing domestic abuse against the victim.
• coming near the victim’s home, workplace, school, or other location they frequent.
• living with the victim.
• contacting the victim directly or through other people (unless through law enforcement or legal representatives).
• coming near the victim’s children or pets.
• owning or possessing firearms while under the order.

In some cases, particularly with final orders, the court can require the abuser to relinquish their rights to a victim’s phone number and any accounts held in conjunction with the victim.

Temporary Vs. Final Orders

Temporary orders last for 14 days. During this time an injunction hearing is held. At the hearing, the judge can extend the temporary order or issue a final order. These orders last up to 4 years in most cases, but in severe situations, they can remain in place for as long as 10 years. Once a final order expires, a new hearing is set and the order is renewed or allowed to lapse at that time.

The Definition of Domestic Abuse

Domestic abuse is broadly defined in Wisconsin, but to even be considered domestic abuse, the abusive actions must be committed against:

• A current or former spouse
• An adult the abuser lived with or used to live with
• An adult the abuser shares a child with

Behaviors that qualify for domestic abuse charges include:

• Inflicting injury
• Causing pain or fear
• Sexual assault
• Stalking
• Destroying property

In order to qualify as domestic abuse, the abuser has only to threaten to commit one of these acts, not commit it.

Obtaining a Restraining Order

Victims can obtain restraining orders by applying at the county level based on:

• The county lived in.
• The county they are temporarily living in.
• The county where their abuser lives.
• The county where the abuse occurred.

Domestic abuse orders are free to file.

What if the Order is Violated?

Paperwork and threats of legal repercussions are not enough to stop some abusers. Once an order has been violated, the victim should contact the police. At that point, the violation becomes a civil or criminal charge and is prosecuted through the court system. Certain violations result in the immediate arrest of the violator and they will go to jail.

Denial of a Restraining Order

Sometimes, an order is not granted. When this happens, victims can get advice and support from domestic violence centers. If the victim’s relationship with the abuser is the non-qualifying factor, the victim or victim’s representatives can apply for a different type of order such as:

• Harassment
• Child Abuse
• Individual at Risk

Get Support From Wisconsin’s Eisenberg Law Offices

The domestic abuse attorneys at Eisenberg Law Offices can help you file for an order of protection in Wisconsin. Contact our team to ensure you have the evidence you need to secure the most appropriate order for your situation and for help building a strategy that will protect you long-term. We offer private and confidential case consultations. Arrange your free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.