How To Get A Restraining Order In Wisconsin

A restraining order in Wisconsin is a court order that prohibits an individual from carrying out a specific action. The grounds for a restraining order depend on the type of restraining order requested. However, the issuance of a restraining order is typically necessitated by documented instances or threats of specific types of harmful behavior, aimed at protecting an individual from further harm or abuse. They may also be provided in precarious circumstances for safety planning or when safety concerns emerge. An issued restraining order becomes part of the Wisconsin civil court records along with other civil court records.

Types Of Restraining Orders in Wisconsin

Under Chapter 813 of the Wisconsin Statutes, the most common types of restraining orders in Wisconsin include:

• Domestic Abuse Restraining Order: This is issued against an adult household or family member who has intentionally physically, emotionally, or sexually abused a victim. The alleged offender is required by the order to avoid the victim, their residence, and their place of employment.
• Harassment Restraining Order: The purpose of this restraining order is to shield people from being harassed or threatened by a non-family member. Strangers, coworkers, and neighbors might all fall under this category.
• Child Abuse Restraining Order: This order shields minors from sexual, emotional, or physical abuse. Anyone with a reasonable suspicion that a child is being abused may request this restraining order
• Individual at Risk Restraining Order: Adults who are being abused, neglected, or financially exploited, or who are in danger of doing so, are protected by this restraining order. It focuses on circumstances in which a person's capacity to take care of themselves is impaired because of a medical or mental illness, or when they are an elderly person (60 years or older).

Are Restraining Orders Public Records In Wisconsin?

Yes. Under the Wisconsin Public Records Law, restraining orders in Wisconsin are generally considered public record. This means that the filing of a restraining order, including the type of order and whether it was issued or dismissed, is accessible through the Wisconsin Circuit Court Access (CCAP) system. As such, potential employers and landlords may access information regarding restraining orders during background checks. However, Wis. Stat. Chapter 48 generally provides confidentiality for cases involving child abuse. Wis. Stat. § 813.122(3) also provides confidentiality for temporary restraining orders and injunctions in child abuse cases. Wisconsin Statute 813.12(5m) also prohibits the court from disclosing the petitioner's address. Furthermore, only information such as whether a restraining order was issued or dismissed, the type of restraining order that was requested, and the date of filing may be obtained from an online record search.

How To Look Up Restraining Orders In Wisconsin

Individuals may look up a restraining order in Wisconsin by contacting the Clerk of Circuit Court in the county where the restraining order was filed. Records may be required to provide the subject's name and case number to expedite the search. Some counties may accept requests by mail or phone, in addition to in-person requests.

Anyone may also search for restraining orders online through the WCCA Case Search page. To search, fill in the first and last name or case number of the respondent. Meanwhile, petitioners may use the WI VINE Protective Order search service to lookup the status of their protective order.

Can You Look Up a Restraining Order Online?

The Wisconsin Circuit Court Access (WCCA) website provides access to certain public records of the Wisconsin Circuit Courts. Members of the public seeking restraining order records may carry out a search online via the Case Search page. To search, input the first and last name or the case number of the subject. Under court rules, the respondent's name, case number, case judge, scheduled date, time, and other information are obtainable through remote searches. However, information such as the name and address of the restraining order petitioner is exempt from disclosure under federal and state law.

How To File A Restraining Order In Wisconsin

Petitioners may file a restraining order in Wisconsin through the following steps:

• Identify the Type of Restraining Order & Complete Forms

Petitioners filing for a restraining order must first identify what type of restraining order they want to file. They may then fill out any of the Court Forms for Restraining Orders depending on the relevant type of restraining order they intend to file.

• File at the Appropriate Circuit Court

The form is submitted to the Circuit Court at the relevant county and a petition for a temporary restraining order is filed. If the court decides to grant the request, a temporary restraining order (TRO) may be issued on the same day to bridge the gap until the full hearing.

• Serve the Papers

The petitioner is informed by the court of the date of the injunction hearing. The respondent will receive the TRO and notice of hearing papers from the sheriff.

• Attend the Hearing

Here, both the petitioner and the respondent will present themselves before the judge along with their testimonies and evidence. The judge then determines whether to issue a restraining order based on the facts presented.

Can You File A Restraining Order For No Reason In Wisconsin?

No. Wisconsin courts grant restraining orders only where statutory proof exists. A judge will only issue a restraining order depending on whether the facts presented concerning the case satisfy Wisconsin's legal definition of abuse. Petitions without these details are rejected.

What Proof Do You Need For A Restraining Order In Wisconsin?

The following evidence may be presented to the court to justify a restraining order petition:

• Victim's testimony
• Eyewitness testimonies
• Police reports documenting physical harm
• Photographs or videos of injuries or property damage.
• Medical records detailing treatment for injuries.
• Written threats such as texts, emails, or social media posts.

How Long Does It Take To Get A Restraining Order In Wisconsin?

When a person in immediate or serious danger files a petition for a restraining order, a TRO is typically issued. In Wisconsin, a TRO can be issued relatively quickly, potentially on the same day the petition is filed, if a judge or court commissioner finds reasonable grounds. The exact timeframe can vary, but it is generally processed within approximately 60 minutes. The court may then set up a hearing to decide whether to give a longer-term injunction within 14 days of the TRO being issued. Hence, the time frame for obtaining other restraining orders may vary or depend on the conclusion of the hearing.

How Long Does A Restraining Order Last In Wisconsin?

Restraining orders for domestic abuse and harassment usually last no more than four years. If the petitioners so desire, they may ask that the restraining order be for less than four years. TROs, which are issued before a hearing, typically last for a shorter period, usually less than two weeks. In situations when there is a significant chance that the respondent may harm the petitioner with sexual assault under §940.225 (1), (2), or (3) or first-degree intentional homicide under §940.01 or 2nd-degree intentional homicide under §940.05 or §948.02 (1) or (2), it can be extended up to 10 years. The maximum duration of child abuse restraining orders is two years.

Furthermore, victims can request that restraining orders be extended beyond their original term, and a judge will take into account things like documented abuse or persistent intimidation while making this decision.

How Much Does A Restraining Order Cost in Wisconsin?

Petitioning for a domestic abuse restraining order may be carried out for free. Per Wis. Stats. §§ 814.61(1)(d) and 814.70(1), the sheriff will not charge to serve the respondent with the documentation, and the court will not charge a filing fee.

However, filing a petition for a harassment restraining order could include a typical charge of $164.50. The court or sheriff's office will not collect any fees if the judge or court commissioner determines that the petitioner has made false allegations of stalking or domestic violence (Wis. Stats. §§ 814.61(1)(e) and 814.70(1)). The court may impose a filing fee and the sheriff's office may impose a fee for serving the respondent with the documents if the petition does not make any allegations of these actions.

Can You Cancel A Restraining Order In Wisconsin?

Yes. A petitioner may request that a restraining order be cancelled. This requires a formal procedure involving the court that issued the order. A petitioner or respondent can cancel a restraining order through the following process:

• Filing a Motion/Petition: The party wishing to cancel the order must file a petition in court that granted the initial restraining order by filling and submitting an Order Dismissing form. The exact changes that are being sought, such as the cancellation, a change in the restrictions, or an extension, should be made explicit in this document
• The Hearing: The motion will be heard in a hearing scheduled by the court. The date and time of the hearing will be communicated to both the respondent and the petitioner. Both parties must attend the hearing and present their arguments and evidence to the judge
• The judge will examine the arguments and supporting documentation put forth by each side. The judge will next determine whether to grant the desired adjustments, reject the order, or preserve the present order.