Tips on Restraining Orders

A restraining order is a court order that orders someone not to hurt you, to stay away from you, move out of the house, have no contact with you, or stop harassing you.

How to get a Restraining Order:

You start the process by requesting papers for a temporary restraining order (TRO). These papers are called the petition. The person completing the petition is called the petitioner. The person you file against is called the respondent. Once you file a TRO petition, the court decides whether or not to issue a TRO based on the information you write in the petition.

If the court grants the TRO, the court will schedule a hearing for you to come back to court within 14 days. This hearing is called an injunction hearing. At that hearing you will ask the court to order a final order of protection, which is called an injunction. An injunction can be granted for up to 2 years for child abuse, and up to 4 years for domestic abuse, harassment, and individuals at risk.  In cases where there is a substantial risk of homicide or sexual abuse to the petitioner by the respondent, the injunction may be granted for up to 5 years for child abuse, and up to 10 years for domestic abuse, harrassment, and indivuals at risk.

You can represent yourself or you can hire an attorney to provide legal advice and assist in the court process.

Resources

Filing or obtaining restraining order forms in your county:  Statewide List of County Clerks of Court 

Download restraining order forms: Wisconsin Court System

Restraining order information for victims of sexual assault: Wisconsin Coalition Against Sexual Assault