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How do I get a restraining order in Wisconsin?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Wisconsin's protection statute is consolidated in Chapter 813.

1. Types of Protective Orders

  • Domestic Abuse Injunction — Wis. Stat. § 813.12.
  • Child Abuse Restraining Order — § 813.122.
  • Harassment Injunction — § 813.125 (covers stalking, harassment by anyone).
  • Individual at Risk Restraining Order — § 813.123 (elder/at-risk adult).
  • No statewide red-flag firearm restraining order.

    • 2. Eligibility

    Domestic abuse injunction requires "family or household member" (§ 813.12(1)(am)): spouse, former spouse, current/former adult household member, person with a child in common, current/former dating relationship, blood/adoption relatives. Harassment injunction requires no relationship.

    3. Filing

    File in Circuit Court of county of residence. Filing fees apply but may be waived: $96 for DA injunction (waived if conviction of qualifying crime); harassment $164. Service fee waived in DV cases. Forms via Wisconsin Court System.

    4. Emergency / Ex Parte (TRO)

    Same-day review. Standard: "reasonable grounds to believe" respondent engaged in or may engage in domestic abuse (§ 813.12(3)). TRO lasts up to 14 days until injunction hearing (extendable).

    5. Injunction Hearing

    Held within 7 days for domestic abuse, 14 for harassment. Preponderance standard. Both parties present testimony, evidence, witnesses; cross-examination allowed; counsel optional.

    6. Permanent Order Duration

    Up to 4 years for domestic abuse (§ 813.12(4)(c)); may be extended to 10 years if court finds substantial risk respondent may commit homicide, sexual assault, or serious bodily harm. Harassment up to 4 years, extendable to 10 in egregious cases.

    7. Enforcement

    Violation is misdemeanor under § 813.12(8) (up to 9 months jail and $10,000 fine for domestic abuse); felony for repeat. Officers must arrest on probable cause (§ 813.12(7)). Firearm surrender required (§ 813.1285); federal prohibition under 18 U.S.C. § 922(g)(8); concealed carry license revoked.

    8. Modification / Vacating

    Either party may motion to modify under § 813.12(6); respondent must show changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent contests the injunction hearing with counsel
    • Custody or placement is being adjudicated within the injunction
    • Concealed carry license or firearm rights for law enforcement are at stake
    Related Statutes & Laws
    • Wis. Stat. § 813.12
    • Wis. Stat. § 813.122
    • Wis. Stat. § 813.123
    • Wis. Stat. § 813.125
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.