How do I file a Domestic Abuse Restraining Order?
(a)
Spouse, former spouse, parent, child, or a person related by blood or adoption to the petitioner.
(b)
Person currently or formerly residing in a place of abode with the petitioner.
(c)
Person with whom the petitioner has a child in common.
(d)
Person who provides in home or community care for the petitioner.
(e)
Person with whom the petitioner has or had a dating relationship.
Domestic abuse is defined in §813.12 (1)(am), Wisconsin Statutes, as an intentional infliction of or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent. There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.
There is no fee to file a Domestic Abuse Restraining Order.
Upon determining that you need to file a domestic abuse restraining order you would obtain the petition from the Clerk of Court’s office. Upon completion of the petition and the issuance of a temporary restraining order a court date is scheduled. It is the responsibility of the petitioner to have the respondent served with the temporary restraining order by the Sheriff’s Department in the county where he/she resides. The temporary restraining order will be in effect from the date of issuance until the court date.
The petitioner must appear at the scheduled court date, failure to appear will result in the temporary restraining order being dismissed. If the respondent has been served and does not appear at the hearing the petitioner may request the Court enter an Injunction against the respondent for up to 4 years. If the respondent appears and contests the temporary restraining order a hearing will be held by the Court and a decision will be made.
Upon the issuance of an Injunction entered against the respondent it is mandatory to prohibit him/her from possessing any firearm(s) until the expiration of the Injunction. (i.e. handguns, shotguns, rifles, antique firearms, etc.)
THE CLERK OF CIRCUIT COURT AND STAFF ARE NOT ALLOWED TO GIVE LEGAL ADVICE