Can You Get a Restraining Order Against Your Spouse in Wisconsin - Carlos Gamino

By Carlos Gamino

Wisconsin law is designed to protect people from harm – and domestic violence is no exception. The law allows for people to get what’s called a restraining order against an abusive spouse or another person, and you may be able to ask the court for one in your case.

What is a Restraining Order?

A restraining order is a signed order from a judge that prevents someone from doing something. In a domestic abuse case, a restraining order would prohibit your spouse or significant other from engaging in certain behaviors or contacting you.

Related: Should you get a restraining order against your ex?

Can You Only Get a Restraining Order if You’re Divorcing?

You can get a restraining order against someone who is abusing you or putting you in danger – whether or not you divorce is a separate matter. Spouses can get a domestic abuse restraining order, but you don’t have to be married; you can be in one of the following relationships instead:

  • Marriage
  • Blood relations
  • Sharing a child
  • Living together (now or in the past)
  • Dating

Related: Can my spouse get a restraining order against me?

The 4 Types of Restraining Orders

There are four main types of restraining orders available in Wisconsin:

  • Domestic abuse
  • Harassment
  • Individuals at risk
  • Child abuse

Related: Wisconsin restraining order information

In a domestic abuse situation, you could be eligible to file a petition for a temporary restraining order or a petition and motion for injunction hearing if an adult has:

  • Intentionally caused you physical pain, injury or illness
  • Impaired your physical condition
  • Sexually abused you
  • Threatened to physically or sexually harm you

How Long Do Restraining Orders Last?

Restraining orders can be temporary and last for just a couple of weeks (until a final hearing). At the final hearing, a judge can order an injunction, which can last for up to 4 years. In some cases, you can ask the judge to extend an injunction past the initial time period, too.

Do You Need to Talk to a Milwaukee Lawyer About a Restraining Order?

If you’ve been threatened or harmed and need to get a restraining order against your spouse or significant other, we may be able to help you.

Call us at 414-383-6700 to talk to a caring, compassionate Milwaukee family law attorney right now. During your free consultation, we’ll answer your questions and help you make the right choices for your future.

Carlos Gamino