Wisconsin Restraining Order Laws (2026): How to Get a Domestic Abuse Injunction
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, and up to 10 years when the court finds a substantial risk of homicide or sexual assault.
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 (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 or injury, sexual assault, stalking, damage to property, and harassment. 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.
For non-household victims of stalking where no civil harassment injunction is appropriate, Wisconsin routes those cases through criminal protective orders issued in criminal proceedings rather than a separate civil stalking order statute.
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 |
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. Either party may petition to modify or terminate the injunction before it expires, and the petitioner can seek renewal near the end of the term.
Firearms and a Wisconsin protective order
Wisconsin has one of the clearest state-level firearm surrender requirements for domestic abuse injunctions. Under Wis. Stat. 813.1285, 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 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 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.
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Sources
- Wis. Stat. 813.12 (Domestic Abuse Restraining Orders and Injunctions)
- Wis. Stat. 813.125 (Harassment Injunctions)
- Wis. Stat. 941.29 (Firearm Possession Penalty)
- Wisconsin Court System: Restraining Orders and Injunctions
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.