Cease or avoid harassment
The court may order the respondent to cease harassment, avoid harassment, or comply with a combination of remedies.
Wisconsin Restraining Orders
Understanding the harassment and injunction process.
Restraining orders are court orders directing a person to refrain from certain behavior. Vanden Heuvel & Dineen, S.C. helps clients understand Wisconsin temporary restraining orders, injunction hearings, harassment injunctions, domestic abuse injunctions, and the court process.
TROCan be issued without notice to the respondent
HearingUsually set within 14 days after the TRO is issued
Injunction LengthMay be granted for up to four years
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Restraining Orders & Injunctions
Temporary relief, then a court hearing.
A temporary restraining order may direct a person to stay away, move out, stop harassment, or refrain from other behavior. It may be issued ex parte, meaning without notice to the other party.
After the temporary restraining order is issued, a later injunction hearing is scheduled so the other party has an opportunity to present a position. The court or commissioner then decides whether an injunction should be granted.
01
Temporary Order
A TRO can prohibit contact or other conduct until the injunction hearing.
02
Injunction Hearing
Each party and witnesses may be required to testify before a decision is made.
03
Firearms Issues
Depending on the injunction type and evidence, firearm surrender or prohibition may be addressed.
04
Family Court Limits
Restraining orders generally do not decide custody, placement, or support, except limited exchange terms.
How the Process Works
The Wisconsin harassment process in four steps.
Every case depends on the facts, but the process generally includes filing a petition, temporary relief, service, and an injunction hearing.
01
File Petition
The petitioner files in the county where the petitioner resides, the respondent resides, or where the incident occurred.
02
Temporary Order
The court may issue a temporary restraining order without first contacting the respondent.
03
Notice & Service
The petitioner is responsible for notifying the respondent and local authorities as required.
04
Injunction Hearing
A hearing is held, usually within 14 days unless extended or otherwise agreed.
Court Remedies
What the court may order if an injunction is issued.
The specific order depends on the facts presented to the court and the statutory requirements for the type of injunction requested.
Avoid the petitioner’s residence
The court may order the respondent to avoid the petitioner’s residence or any premises temporarily occupied by the petitioner.
Firearm prohibition in certain cases
In a harassment injunction, the court may prohibit firearm possession if it determines the respondent may use a firearm to cause physical harm or endanger public safety.
Separate family court action may be needed
A domestic abuse restraining order or injunction generally does not address custody, placement, or support orders except limited terms for exchange of minor children.
Common Questions
Wisconsin harassment injunction FAQ.
These answers summarize common issues from the Wisconsin harassment and injunction process. They are general information only.
How long can an injunction be granted?
A Wisconsin court generally cannot grant a harassment injunction for more than four years. The length depends on the case facts and the relief requested.
How much does it cost to file a petition?
If a proceeding is brought under Wis. Stat. Sec. 813.125 and does not allege domestic abuse behavior or stalking behavior, the filing fee is generally listed as $155.00 on the source page.
What type of conduct may support a petition?
The petition may involve conduct such as physical contact or threats, repeated acts that harass or intimidate and serve no legitimate purpose, child abuse, certain sexual conduct, or stalking.
When can a temporary restraining order be extended?
The court may extend a TRO if the parties agree in writing or if the court finds the respondent has not been served despite the petitioner exercising due diligence.
Will the court disclose the petitioner’s address?
The petition and court order will not disclose the address of the alleged victim or petitioner.
Does the court contact the respondent before issuing a TRO?
No. A TRO may be issued without notifying the respondent. The petitioner has responsibility for notifying the respondent and local authorities.
Family Law & Injunction Counsel
Guidance through sensitive court matters.
If you are concerned about safety, your children’s safety, or a history of domestic abuse or harassment, talk with a qualified Wisconsin injunction attorney about your options.
Senior Attorney
Linda S. Vanden Heuvel
Over 30 years in Wisconsin family law, known for litigation, mediation, settlement, and family law advocacy.
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Attorney
Lisa M. Vanden Heuvel
Family law guidance involving divorce, adoption, paternity, mediation, custody, and Guardian ad Litem matters.
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Need Immediate Guidance?
Understand your options before the hearing.
If you are dealing with a temporary restraining order, harassment injunction, domestic abuse injunction, or upcoming hearing, speak with Vanden Heuvel & Dineen, S.C. about your next step.
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