Wisconsin Protection Orders — How to Get One

A domestic abuse injunction in Wisconsin is a civil court order designed to protect a person from domestic violence, abuse, threats, or harassment by someone with whom they have a qualifying relationship §813.12 et seq..

Adult who has experienced domestic abuse by a spouse, former spouse, adult with whom they have or have had a dating relationship, adult with whom they share or have shared a child, or adult with whom they reside or have resided.

A parent, guardian, or other authorized person may typically file on behalf of a minor or incapacitated person.

Ex parte temporary restraining order (TRO) under §813.12(3) (in effect until the hearing on the injunction, which is held within 14 days after the TRO is issued unless extended as the statute allows); injunction after hearing under §813.12(4).

Up to 4 years, for the period the petitioner requests; when an injunction expires the court must extend it if the petitioner states an extension is needed, but that extension runs only until 4 years after the date the injunction was first entered. The court may instead order up to 10 years if it finds by a preponderance of the evidence a substantial risk that the respondent may commit 1st- or 2nd-degree intentional homicide or sexual assault against the petitioner, and, on the petitioner's request, may order a permanent injunction if the respondent was convicted of violating § 940.225(1) to (3) with the petitioner as the crime victim (subject to review and modification under § 813.126(1m)).

Orders are filed in: Circuit court; no commencement fee may be collected from a § 813.12 petitioner under § 814.61(1)(d).

• No-contact and stay-away provisions
• Exclusive possession of a shared residence
• Temporary custody of minor children
• Temporary child support
• Order to attend counseling or intervention programs
• Prohibition on destroying, hiding, or disposing of property
• Any other relief the court deems necessary for the petitioner's safety

Under federal law §18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm while subject to a qualifying protection order — one issued after a hearing with notice and opportunity to participate, that restrains the person from threatening or using force against an intimate partner or child, and that includes either a credible-threat finding or an explicit prohibition on force. Ex parte or temporary orders issued without notice to the respondent generally do not trigger this federal prohibition.

Wisconsin state law: Mandatory: a respondent ordered to surrender firearms must do so within 48 hours to the sheriff or, in the court's discretion, to another person, and may possess or transport a firearm only to comply with that order; a respondent who violates the surrender order is subject to a fine of up to $10,000 or imprisonment for up to 9 months, or both, in addition to any other penalty §813.1285.

Violating a protection order is a criminal offense. Depending on the circumstances and the state, a violation may be charged as a Misdemeanor or a Felony. Law enforcement can arrest a respondent for a violation without a warrant.