Wisconsin Restraining Order Laws (2026): How to Get a Domestic Abuse Injunction

In Wisconsin, the civil court order that protects victims of domestic abuse is called a Domestic Abuse Restraining Order and Injunction under Wis. Stat. 813.12. Any qualifying adult who has experienced domestic abuse by a family member, household member, former spouse, co-parent, or dating partner can petition for one. A final injunction can last up to 4 years, up to 10 years when the court finds a substantial risk of homicide or sexual assault, and, at the petitioner's request, the court may make the injunction permanent if the respondent has been convicted of a qualifying sexual assault against the petitioner.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Wisconsin

Wisconsin provides several civil injunction tracks under ch. 813, and which one fits depends on the relationship between the parties and on who is being protected.

The first is the Domestic Abuse Restraining Order and Injunction (Wis. Stat. 813.12). This order is designed for adults who have suffered domestic abuse by a person with whom they share a qualifying relationship. "Domestic abuse" under 813.12 includes intentional infliction of physical pain, injury, or illness, impairment of physical condition, sexual assault, stalking, damage to the victim's property, and threats to engage in that conduct. A second track, the Harassment Injunction (Wis. Stat. 813.125), is available to any person who has been harassed, regardless of their relationship to the harasser. This means someone facing harassment by a neighbor, coworker, or stranger who does not qualify under the domestic abuse statute can still seek civil protection through 813.125. Wisconsin also has a Child Abuse Injunction (Wis. Stat. 813.122) for situations involving abuse of a minor child.

A fourth track is easy to miss and matters for older and vulnerable adults: the Restraining Order and Injunction for an Individual at Risk under Wis. Stat. 813.123. It covers an "elder adult at risk" and an "adult at risk," and it uses a broader definition of abuse drawn from Wis. Stat. 46.90(1)(a) that reaches neglect, financial exploitation, and mistreatment of the person's animals as well as physical abuse. It is also the one track that does not have to be filed by the victim: under 813.123(2)(a) the petition may be brought by the individual at risk, by any person acting on that individual's behalf, or by an elder-adult-at-risk or adult-at-risk agency. The court can require firearm surrender in these cases too, under Wis. Stat. 813.123(5m). If the person causing harm is not a caregiver or household member covered by 813.12, and the conduct is not the repeated harassment 813.125 targets, 813.123 is often the correct path.

Non-household victims of stalking are not left without a civil remedy. Wisconsin's harassment injunction statute, Wis. Stat. 813.125, defines qualifying harassment to include stalking under Wis. Stat. 940.32, with no relationship requirement between the parties, so a non-household stalking victim can petition for a harassment injunction under 813.125 in addition to any criminal case arising from the same conduct.

Who can get a restraining order in Wisconsin?

The qualifying relationship determines which injunction track applies.

For the domestic abuse injunction under 813.12, the petitioner must show that the person who committed the abuse falls into one of these categories: an adult family or household member; a former spouse; a person with whom the petitioner has or had a dating or romantic relationship (not casual acquaintances); a person with whom the petitioner shares a child in common; or an adult caregiver who is a provider of in-home or community care to the petitioner through regular and direct contact. The caregiver category protects vulnerable adults who receive care services from someone who is not a family or household member in the traditional sense. The statute focuses on adult-to-adult relationships in domestic, intimate, and care contexts.

If the person causing harm does not fit one of those relationship categories, the harassment injunction under 813.125 provides a separate avenue. That track requires no qualifying relationship whatsoever. A petitioner must show either that the respondent engaged in a series of acts that harassed or intimidated the petitioner and served no legitimate purpose, or that a single act constituting sexual assault or stalking occurred.

In practical terms: intimate partners and former intimate partners use 813.12. Everyone else can use 813.125.

How to file for a restraining order in Wisconsin

Petitions for a domestic abuse injunction are filed in circuit court. No filing fee is charged for domestic abuse injunctions, and under the federal Violence Against Women Act, states and courts cannot require a petitioner to pay a filing or service fee for a domestic violence protective order.

To begin, you complete a petition form describing the abuse and your relationship to the respondent. Circuit court clerks are required to provide these forms. Filing the petition with the clerk's office triggers review by a judge or commissioner, who can issue a temporary restraining order on the same day, without prior notice to the respondent, if the petition shows good cause for immediate protection.

After the TRO issues, a hearing is scheduled within 14 days. At that hearing, both parties appear before the court. The petitioner presents evidence; the respondent has the opportunity to respond. If the court finds the petitioner has met the legal standard, it issues the injunction. Many circuit courts have self-help centers with staff who can assist petitioners in filling out forms. Local domestic violence advocacy organizations can also provide free guidance and often accompany survivors to court. For the hearing itself, where the respondent can answer your evidence, get a free case evaluation from a Wisconsin family lawyer on preparing what you present (attorney advertising).

Temporary vs. final orders: how long they last

The TRO is issued ex parte, meaning the respondent is not present or given advance notice. It goes into effect immediately upon service on the respondent. The TRO remains in place until the scheduled injunction hearing, which must occur within 14 days of the TRO's issuance under Wis. Stat. 813.12(3).

After the full hearing, the court may issue a final injunction lasting up to 4 years. If the court makes specific findings that there is a substantial risk that the respondent may commit homicide or a sexual assault against the petitioner or another household member, the injunction may be extended to up to 10 years. If the respondent has been convicted of a qualifying sexual assault under Wis. Stat. 940.225(1) to (3) in which the petitioner was the crime victim, the court may order the injunction to be in effect permanently at the petitioner's request. The petitioner can seek renewal near the end of the term, and either party may petition to modify or terminate the injunction, though the court may not modify an order restraining the respondent based solely on the respondent's own request.

Firearms and a Wisconsin protective order

Wisconsin has one of the clearest state-level firearm surrender requirements for domestic abuse injunctions. Under Wis. Stat. 813.12(4m)(a)2, an injunction issued under 813.12(4) must require in writing that the respondent surrender any firearms he or she owns or possesses to the sheriff of the county where the action was commenced, to the sheriff of the county where the respondent resides, or to another person the respondent designates and the judge or circuit court commissioner approves. The mechanics of that surrender, including the firearm possession form and the circumstances in which the respondent must appear at a hearing to surrender, are set out separately in Wis. Stat. 813.1285.

There is one carve-out. Wis. Stat. 813.12(4m)(ag) provides that the injunction may not require the respondent to surrender a firearm that he or she is required to possess as a condition of employment, whether or not on duty, which in practice covers law enforcement and similar roles. Outside that exception, the surrender requirement is not discretionary.

Possessing a firearm while subject to a domestic abuse injunction is a Class G felony under Wis. Stat. 941.29. A Class G felony carries a potential prison sentence of up to 10 years and a fine of up to $25,000. This is a significantly higher penalty than many other states impose for the same conduct, and it applies separately from any violation-of-the-injunction charge.

In addition to state law, a qualifying final protective order triggers the federal prohibition under 18 U.S.C. 922(g)(8). That federal law bars any person subject to a qualifying domestic violence court order from possessing firearms or ammunition, regardless of whether the state's surrender process has been completed.

What happens if someone violates the order?

Willfully violating a domestic abuse TRO or injunction in Wisconsin is a criminal offense. Under Wis. Stat. 813.12(8), a violation carries a potential fine of up to $10,000 and/or imprisonment of up to 9 months. Each separate violation can be charged independently.

If the respondent possesses or attempts to acquire a firearm in violation of the injunction, that conduct is treated as a separate Class G felony under 941.29, carrying a potential prison term of up to 10 years.

Wisconsin goes further than simply permitting an arrest. Under Wis. Stat. 813.12(7)(am), a law enforcement officer shall arrest and take a person into custody when the petitioner presents the officer with a copy of the order, or the officer confirms through appropriate authorities that the order exists, and the officer has probable cause to believe the person violated it. In that situation the arrest is a duty, not an option the responding officer can decline. If the respondent shows up at a protected location, contacts the petitioner when contact is prohibited, or violates any other condition of the order, the petitioner should call 911 immediately and report the violation. Documenting the violation, such as saving messages or taking note of dates and times, can support both criminal prosecution and any future civil enforcement. Courts can also hold a respondent in contempt for violations, which may result in additional sanctions.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

For a full national overview, see the Restraining Order Laws by State hub page. For information on Wisconsin criminal law related to recording or documenting incidents, see the Wisconsin Recording Law page.

More Wisconsin Laws

• Wisconsin Child Custody Laws
• Wisconsin Divorce Laws
• Wisconsin GPS Tracking Laws
• Wisconsin Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Wisconsin?

You file a petition for a domestic abuse injunction with the circuit court clerk in your county. No filing fee is required. A judge or court commissioner can issue a temporary restraining order (TRO) the same day, without notice to the other party, if immediate protection is needed. A full hearing is then scheduled within 14 days.

How long does a restraining order last in Wisconsin?

A temporary restraining order lasts until the injunction hearing, which must be held within 14 days. A final injunction lasts up to 4 years. If the court finds a substantial risk of homicide or sexual assault, the injunction can be extended to up to 10 years, and, at the petitioner's request, the court may make it permanent if the respondent was convicted of a qualifying sexual assault against the petitioner.

How much does a restraining order cost in Wisconsin?

Filing a domestic abuse injunction in Wisconsin is free. Courts cannot charge a filing fee or service fee for domestic violence protective orders under both state law and the federal Violence Against Women Act.

Can I get a restraining order without a police report?

Yes. A prior police report is not required to petition for a domestic abuse injunction in Wisconsin. You file a petition with the circuit court describing the abuse. The court decides whether to issue a temporary restraining order based on your petition and supporting affidavit.

Does a restraining order take away gun rights in Wisconsin?

Yes. Under Wis. Stat. 813.12(4m)(a)2, a domestic abuse injunction must require in writing that the respondent surrender any firearms to a county sheriff or another person the respondent designates and the court approves, following the procedure in Wis. Stat. 813.1285. The one exception, at 813.12(4m)(ag), is a firearm the respondent is required to possess as a condition of employment. Possessing a firearm while under a Wisconsin domestic abuse injunction is a Class G felony under Wis. Stat. 941.29. Federal law (18 U.S.C. 922(g)(8)) also prohibits firearm possession under a qualifying final order.

What happens if the abuser violates the order?

Willfully violating a Wisconsin domestic abuse TRO or injunction is a crime punishable by up to 9 months in jail and/or a fine up to $10,000 per violation. Under Wis. Stat. 813.12(7)(am), an officer shall arrest the respondent when presented with a copy of the order, or able to confirm it exists, and there is probable cause to believe it was violated. If the respondent violates the order, call 911 and report the violation as soon as it is safe to do so.

What is the difference between a domestic abuse injunction and a harassment injunction in Wisconsin?

A domestic abuse injunction (Wis. Stat. 813.12) requires a qualifying domestic relationship such as a former spouse, co-parent, household member, or dating partner. A harassment injunction (Wis. Stat. 813.125) requires no prior relationship and is available to any person who has been harassed or is a victim of stalking or sexual assault by someone outside a domestic relationship. A third option, the individual-at-risk injunction under Wis. Stat. 813.123, covers elder adults at risk and adults at risk, uses the broader abuse definition in Wis. Stat. 46.90(1)(a), and can be filed by someone acting on the person's behalf or by an elder-adult-at-risk or adult-at-risk agency.