Restraining Order Guidelines

There are four kinds of restraining orders (ROs) in Wisconsin. This section describes two of them--domestic abuse restraining orders and harassment restraining orders.

The Family Violence Center has legal advocates who can help you at no charge. Call 920-432-4244 if you have questions or would like to set up an appointment to help fill out paperwork. Note: we cannot provide assistance in the other two types of restraining orders (child abuse and vulnerable adult restraining orders).

Domestic Abuse Restraining Order

Who can get one?

You can obtain a domestic abuse restraining order if you are:

1. An adult who is related to, lives with, has lived with, or has a child in common with someone who physically abuses you. This abuse includes but is not limited to slapping, pushing, or striking by the other adult. The abuse can also be sexual.

2. An adult who is related to, lives with, has lived with, or has a child in common with someone who threatens you with physical harm.

What does a domestic abuse restraining order do?

A domestic abuse restraining order legally prohibits the abusive party from having any contact with you. That person cannot come to your home, your workplace, or any place temporarily occupied by you. If you wish, the order can also prohibit contact by phone, mail, or through a third party.

How long is the order in effect?

A domestic abuse restraining order can be granted for up to two years.

What does the procedure cost?

There is no cost to you.

What is the procedure?

Obtaining a domestic abuse restraining order is a two-step process. A legal advocate from the Family Violence Center can assist you with either or both steps at no charge.

Step One: Obtaining the temporary restraining order (TRO).

You complete the forms describing the abuse or threats of abuse. These forms are available at the Family Violence Center or at the Clerk of Courts Office in the Brown County (or any) Courthouse. Once completed, take the forms to the courthouse to be read and signed by a court commissioner. The Sheriff's Department (or a private process server) delivers a copy of the temporary restraining order (which includes your description of the abuse) and the notice of hearing to the person who is abusing you. You are also given a copy of the forms.

Step Two: The restraining order injunction hearing.

You attend a hearing at the courthouse within seven days after filing the temporary restraining order (a legal advocate from the Family Violence Center can attend the hearing with you). You may be asked to describe the abuse or threats of abuse that you experienced. The abuser may also be at the injunction hearing.

Is a "No Contact Provision" the same as a domestic abuse restraining order?

No. A "No Contact Provision" is in effect until the final court hearing or until the victim goes to court and asks the judge to lift it.

What happens if my abuser cannot be served?

The abuser is considered "served" when the Sheriff's Department physically delivers a copy of the petition. Proof of this service is then mailed to you. This "Proof of Service" must be brought to the injunction hearing unless the abuser attends the hearing. If your abuser cannot be served, you can ask for a one-time 7-day extension. If the abuser still cannot be served, your must re-file at a later time. Sometimes a better option for service is using a private process server (see "Process Servers" in the yellow pages).

Harassment Restraining Order

A harassment order legally prohibits someone from threatening to harm you or from repeatedly committing acts that harass or intimidate you and serve no legitimate purpose. This could include persistent acts, such as unwelcome phone calls, coming onto your property, following you, or appearing at your work site for no legitimate reason. The main difference between a Domestic Abuse restraining order and a Harassment restraining order is that in the Domestic Abuse one, you must be in imminent danger of physical harm.

The Brown County Clerk of Courts Office charges a fee to file the Harassment order. There is also a fee to deliver (serve) the papers to the person harassing you. Both of these fees can be waived if you have a low income.