Legal Advocacy

A restraining order – also known as an injunction – is a civil court order prohibiting a person from engaging in certain actions toward another person due to their abusive or harassing behaviors. A restraining order is just one part of your overall safety plan. A civil court proceeding is not a criminal court proceeding. However, violating a restraining order is a crime. Our legal advocate can help with the restraining order process from start to finish and help safety plan throughout.

Some common terms to familiarize yourself with:

• Petitioner: the person filing the restraining order. 
• Respondent: the person who has engaged in the abusive or harassing behavior and who the restraining order is filed against. 
• Serve/Service: the act of providing the Respondent with the filed, notarized, and time stamped restraining order paperwork and to notify them of current and future court proceedings related to the restraining order. 

There are Four Types of Restraining Orders:

Domestic Abuse Retraining Order:

Domestic abuse is defined in §813.12(1)(am), Wis. Stats., as an intentional infliction of or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; stalking; or sexual contact or sexual intercourse without consent. There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.

There is no filing fee

Both the Petitioner and Respondent must be 18 years or older. 

The Petitioner’s relationship must fit within one of these descriptions: 

• a spouse or former spouse of the petitioner. 
• a parent, child, or a person related by blood or adoption to the petitioner. 
• a person in a current or former live-in relationship with the petitioner. d. a person with whom the petitioner has a child in common. 
• a person who provides in home or community care for the petitioner. 
• a person with whom the petitioner has or had a dating relationship.

Harassment Restraining Order:

Harassment is defined as: (a) Striking, shoving, kicking or otherwise subjecting the person to physical contact; or (b) Engaging in an act that would constitute child abuse under §48.02(1); or (c) Sexual assault under §940.225; or (d) Stalking under §940.32; or attempts or threat to do same; or (e) Engaging in a course of conduct or repeatedly committing acts which harass or intimidate the person and which serve no legitimate purpose.

There is a potential filing fee, which is dependent on the county you reside in. You can apply for a fee waiver based on income and there are circumstances where the fee can be waived  based on the conduct alleged. 

The Petitioner and Respondant’s age does not matter except in regards to which court forms to use. The Petitioner and Respondant’s relationship status does not matter. 

Individual at Risk Restraining Order:

Please speak with our legal advocate or an attorney about this restraining order option. 

Child Abuse Restraining Order:

Please speak with our legal advocate or an attorney about this restraining order option. 

The Process: Here is a look at the restraining order process

Step One: Determine which restraining order is appropriate to your situation. Gather and complete the necessary paperwork, including your written statement and evidence.  

Step Two: File the paperwork for the appropriate  restraining order with the Clerk of Courts. The same day as filing, a judge or court commissioner will review your paperwork and statement. They will either grant it on a temporary basis (Temporary Restraining Order – TRO) or deny it. 

Step Three: If the TRO is granted you will receive a future court hearing date (no more than 14 days after filing). The paperwork gets sent to the Sheriff’s Department Civil Process Unit to be served on the Respondent. The TRO is effective once it is served to the Respondent. 

• To help manage anxiety or concern during this part of the process, you can receive service notifications through direct contact with the Sheriff’s Department or through VINE. VINE is a notification system that allows you to receive an automated phone call or email letting you know when the Respondent has been served. 
• If the Respondent has been served and they violate the TRO, you can report this to law enforcement. Violations of a TRO can lead to an arrest and the District Attorney filing criminal charges – see Criminal Court

Step Four: Attend your court hearing and provide testimony and evidence to the judge about what you’ve experienced and why you need the court’s protection. The judge will make a decision after testimony and evidence is taken to either grant or deny the restraining order more permanently (typically for a period of 4 years). If granted, the restraining order will prohibit the Respondent from engaging in certain behaviors. 

Step Five: Continue safety planning with an advocate or your support system. If the Respondent has violated any of the restraining order conditions, you can choose to report those violations to law enforcement. Law enforcement is mandated to make an arrest for violations of a restraining order. The District Attorney then makes a decision on whether to charge them with a criminal violation of the restraining order – See Criminal Court