A restraining order is an order issued by the court that makes it illegal for a person to come into contact with another person. These are used most often in harassment and domestic abuse situations in order to protect a person from harm.
Types of Restraining Orders
Wisconsin has five types of restraining orders:
- Domestic Abuse Restraining Orders
- Harassment Restraining Orders
- Child Abuse Restraining Orders
- Individuals at Risk Restraining Orders
- Foreign Protection Orders
Each of these orders has its own unique set of circumstances, as noted in their titles. For example, if you are in an abusive relationship, you would file for the Domestic Abuse Order to protect you from your spouse.
Restraining Order Process
Most often, restraining orders are obtained via a 2-step process.
- First, the person applies for a temporary restraining order (TRO). This is to protect the individual if they are in immediate danger.
- After the court grants the TRO, the next step is to set up an injunction hearing.
At the injunction hearing, the petitioner (the person who applies for the restraining order) must show up at court at the time stated in their notice. The respondent (the person who has the restraining order taken against them) is not required to appear, but does have the right to if they wish. The injunction process is different depending on what county you are in but generally the judge or commissioner will hear testimony from the petitioner and the respondent. Following testimony, the judge or commissioner will decide whether or not to grant the restraining order.