Wisconsin
Wisconsin Restraining Order Laws (2026): How to Get a Domestic Abuse Injunction
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 4 primary sources cited on this page. How we verify our legal content
In Wisconsin, the civil court order that protects victims of domestic abuse is called a Domestic Abuse Restraining Order and Injunction under . 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 two main civil injunction tracks for protection.
The first is the Domestic Abuse Restraining Order and Injunction (). 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 (), 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 () for situations involving abuse of a minor child.
Non-household victims of stalking are not left without a civil remedy. Wisconsin's harassment injunction statute, , defines qualifying harassment to include stalking under , 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.
Temporary vs. final orders: how long they last
| Order type | Duration |
|---|---|
| Temporary Restraining Order (TRO) | Issued same day; effective until the injunction hearing (up to 14 days) |
| Final Injunction (standard) | Up to 4 years |
| Final Injunction (risk of homicide or sexual assault) | Up to 10 years |
| Final Injunction (respondent convicted of qualifying sexual assault) | Permanent |
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 (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 , when a court issues a domestic abuse injunction, the order shall require the respondent to surrender all firearms to the county sheriff or another approved person. This is not discretionary for qualifying domestic abuse injunctions.
Possessing a firearm while subject to a domestic abuse injunction is a Class G felony under . 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 (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 law authorizes police to make a warrantless arrest when there is probable cause to believe the respondent has violated an injunction. 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
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. 813.1285, a domestic abuse injunction must require the respondent to surrender all firearms to the county sheriff. 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. Police can make a warrantless arrest when probable cause exists. 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.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected three defects: non-household stalking victims ARE eligible for a Wis. Stat. 813.125 harassment injunction (no relationship requirement); an injunction cannot be modified based solely on the respondent's own request; and added the permanent-injunction option under 813.12(4)(d)1m for a respondent convicted of a qualifying sexual assault against the petitioner, previously omitted from the intro, KeyTakeaways, duration table, body, and FAQ.
Noted that the permanent injunction is entered at the petitioner's request, and restated the domestic-abuse definition with the categories Wis. Stat. 813.12 actually enumerates.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 813: Injunctions, Ne Exeat And Receivers
§ 813.12Domestic abuse restraining orders and injunctions.In force
(1) Definitions. In this section: (ab) “Adult at risk” has the meaning given in s. 55.01 (1e). (ad) “Caregiver” means an individual who is a provider of in-home or community care to an individual through regular and direct contact. (ag) “Dating relationship” means a romantic or intimate social relationship between 2 adult individuals but “dating relationship” does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context. A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship. (am) “Domestic abuse” means any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver’s care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common: 1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 23 court opinionsMost recently applied by a court: 2022
Leading cases:
- Johnson v. Rogers Memorial Hospital, Inc. (Wisconsin Supreme Court 2005, 283 Wis. 2d 384)“…nt may engage in, domestic abuse of the petitioner." See Wis. Stat. § 813.12 (5)(a)3. As part of her petition for a…”
- Wittig v. Hoffart (Court of Appeals of Wisconsin 2005, 287 Wis. 2d 353)“…se injunction in favor of Lana C. Wittig. See Wis. Stat. § 813.12 . 1 Hoffart and Wittig are…”
- Switzer v. Switzer (Court of Appeals of Wisconsin 2005, 289 Wis. 2d 83)“…se temporary restraining order and injunction, pursuant to Wis. Stat. § 813.12 (2003-04), 1 seeking prot…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 813.122Child abuse restraining orders and injunctions.In force
(1) Definitions. In this section: (a) “Abuse” has the meaning given in s. 48.02 (1) (a) and (b) to (gm) and, in addition, includes a threat to engage in any conduct under s. 48.02 (1), other than conduct under s. 48.02 (1) (am). (b) “Child” means any person under 18 years of age. (c) “Child victim” means the child who is the victim or the alleged victim of abuse. (d) “Child victim advocate” means any person who counsels child victims, assists child victims in coping with the impact of the crime or otherwise acts in support of child victims. (e) “Household pet” means a domestic animal that is not a farm animal, as defined in s. 951.01 (3), that is kept, owned, or cared for by a child victim or by a family member or a household member of a child victim. (2) Commencement of action and response. (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (6) (a). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. Notwithstanding s.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 2 court opinionsMost recently applied by a court: 2016
Leading cases:
- Kristi L.M. v. Dennis E.M. (Wisconsin Supreme Court 2007, 302 Wis. 2d 185)“…allaway, Reserve Judge, ordered the injunction pursuant to Wis. Stat. § 813.122 (5)(a)3. (2005-06). 3 Denn…”
- S. O. v. T. R. (Court of Appeals of Wisconsin 2016, 367 Wis. 2d 669)“…(Todd's ex-wife), Susan, filed petitions *674 pursuant to Wis. Stat. § 813.122 (2013-14) 1 alleging that Todd had ab…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 813.125Harassment restraining orders and injunctions.In forcecited in 2 of our articles
(1) Definitions. (am) In this section: 2. “Adult at risk” has the meaning given in s. 55.01 (1e). 3. “Elder person” means any individual who is 60 years of age or older. 4. “Harassment” means any of the following: a. Striking, shoving, kicking or otherwise subjecting another person to physical contact; engaging in an act that would constitute abuse under s. 48.02 (1), sexual assault under s. 940.225, or stalking under s. 940.32; or attempting or threatening to do the same. b. Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose. (bm) In subs. (3) and (4), “household pet” means a domestic animal that is not a farm animal, as defined in s. 951.01 (3), that is kept, owned, or cared for by the petitioner or by a family member or a household member of the petitioner. (2) Commencement of action. (a) An action under this section may be commenced by filing a petition described under sub. (5) (a). No action under this section may be commenced by service of summons.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 22 court opinionsMost recently applied by a court: 2025
Leading cases:
- Welytok v. Ziolkowski (Court of Appeals of Wisconsin 2008, 312 Wis. 2d 435)“…andard of Review ¶ 23. To grant an injunction under Wis. Stat. § 813.125 , the circuit court must find "reasonab…”
- State v. Schwebke (Wisconsin Supreme Court 2002, 253 Wis. 2d 1)“…equently adopted other specific harassment statutes. See Wis. Stat. §§ 813.125 and 947.013. Overall, Schwebke argues…”
- State v. Sveum (Court of Appeals of Wisconsin 2002, 254 Wis. 2d 868)“…7.013 (lr); violating a harassment injunction issued under Wis. Stat. § 813.125 (4); and criminal damage to property, c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
§ 813.1285Notice and process for firearm surrender.In force
(1) Definitions. In this section: (a) “Firearm possession form” means the form developed under sub. (5) (a). (am) “Injunction” means an injunction issued under s. 813.12 (4) or 813.122 (5); an injunction issued under s. 813.123 if the court has required the individual to surrender his or her firearms under s. 813.123 (5m); or an injunction issued under s. 813.125 if the court has required the individual to surrender his or her firearms under s. 813.125 (4m). “Injunction” includes an injunction that has been stayed under this section. (b) “Petitioner” means an individual who is applying for, or for whom a court has granted, an injunction. (c) “Petition for the return of firearms” means a petition developed under sub. (5) (b). (d) “Respondent” means the individual who is the subject of an injunction. (e) “Surrender and extend order” means an order under sub. (1g). (1g) Surrender and extend order.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Wisconsin Statutes, Chapter 940: Crimes Against Life And Bodily Security
§ 940.225Sexual assault.In force
(1) First degree sexual assault. Whoever does any of the following is guilty of a Class B felony: (a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person. (b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon. (c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence. (d) Commits a violation under sub. (2) against an individual who is 60 years of age or older. This paragraph applies irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this paragraph. (e) Commits a violation under sub. (2) against an adult at risk, as defined in s. 55.01 (1e). This paragraph applies only if the defendant had actual knowledge that the victim is an adult at risk.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 160 court opinionsMost recently applied by a court: 2026
Leading cases:
- State v. Ziegler (Wisconsin Supreme Court 2012, 342 Wis. 2d 256)“…sexual assault of Kari, then 16 years old, in violation of Wis. Stat. § 940.225 (2)(a); 7 (6) second-degree sexual ass…”
- State v. Hunt (Wisconsin Supreme Court 2003, 263 Wis. 2d 1)“…gree sexual assault resulting in the pregnancy of a child ( Wis. Stat. § 940.225 (1)(a)), one count of exposing a child…”
- State v. Hammer (Wisconsin Supreme Court 2000, 236 Wis. 2d 686)“…(2) (1995-96), [1] and fourth-degree sexual assault under Wis. Stat. § 940.225 (3m). The court ruled that the other ac…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 940.32Stalking.In forcecited in 2 of our articles
(1) In this section: (a) “Course of conduct” means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following: 1. Maintaining a visual or physical proximity to the victim. 2. Approaching or confronting the victim. 3. Appearing at the victim’s workplace or contacting the victim’s employer or coworkers. 4. Appearing at the victim’s home or contacting the victim’s neighbors. 5. Entering property owned, leased, or occupied by the victim. 6. Contacting the victim by telephone, text message, electronic message, electronic mail, or other means of electronic communication or causing the victim’s telephone or electronic device or any other person’s telephone or electronic device to ring or generate notifications repeatedly or continuously, regardless of whether a conversation ensues. 6m. Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs. 7.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 28 court opinionsMost recently applied by a court: 2026
Leading cases:
- State v. Sveum (Wisconsin Supreme Court 2010, 328 Wis. 2d 369)“…with aggravated stalking as a party to a crime contrary to Wis. Stat. § 940.32 (3)(b) (2001-02) [5] and Wis. Stat. §…”
- State v. Warbelton (Wisconsin Supreme Court 2009, 315 Wis. 2d 253)“…ffirming his conviction for stalking. 1 Under Wis. Stat. § 940.32 (2m)(a) (2001-02), 2 whoev…”
- State v. Brent T. Novy (Wisconsin Supreme Court 2013)“…vy was charged with one count of stalking, in violation of Wis. Stat. § 940.32 (2)(a), (b), and (c). The complaint (ca…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wisconsin Statutes, Chapter 941: Crimes Against Public Health And Safety
§ 941.29Possession of a firearm.In forcecited in 2 of our articles
(1g) In this section: (a) “Violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., s. 943.23 (1g), 2021 stats., s. 940.19, 2023 stats., s. 940.195, 2023 stats., s. 940.198, 2023 stats., s. 940.20, 2023 stats., s. 940.201, 2023 stats., s. 940.203, 2023 stats., or s. 940.204, 2023 stats., this section, or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 940.60, 940.61, 940.62, 940.65, 940.66, 941.20, 941.26, 941.28, 941.2905, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.072, 948.08, 948.085, or 948.30. (b) “Violent misdemeanor” means a violation of s. 813.12, 813.122, 813.125, 940.42, 940.44, 940.60 (1), 940.65, 941.20 (1), 941.26, 941.38 (3), 941.39, 947.013, 948.55, 951.02, 951.08, 951.09, or 951.095 or s. 940.19, 2023 stats., or s. 940.195, 2023 stats., or a violation to which a penalty specified in s. 939.63 (1) is applied.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 107 court opinionsMost recently applied by a court: 2026
Leading cases:
- State v. Jimothy A. Jenkins (Wisconsin Supreme Court 2014)“…e count of possession of a firearm by a felon, contrary to Wis. Stat. § 941.29(2). ¶3 After trial, the d…”
- State v. Coleman (Wisconsin Supreme Court 1996, 206 Wis. 2d 199)“…one count of felon in possession of a firearm, contrary to Wis. Stat. § 941.29 (2) (1989-90). 2 Two issue…”
- State v. Black (Wisconsin Supreme Court 2001, 242 Wis. 2d 126)“…test plea to a charge of felon in possession of a firearm. Wis. Stat. § 941.29 (2). We con- *132 elude that the circui…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Background Check Laws (2026 Guide)
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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Sources and References
- Wis. Stat. 813.12 (Domestic Abuse Restraining Orders and Injunctions)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 813.125 (Harassment Injunctions)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 941.29 (Firearm Possession Penalty)(docs.legis.wisconsin.gov).gov
- Wisconsin Court System: Restraining Orders and Injunctions(wicourts.gov).gov