How to Get a Restraining Order in Wisconsin - Carlos Gamino

By Carlos Gamino

Many people call our offices to ask how to get a restraining order in Wisconsin. The courts require you to follow a certain set of procedures before a judge will even look at your request. Here’s what you need to know.

How to Get a Restraining Order in Wisconsin

A restraining order is designed to protect someone from another person. It’s a court order that tells someone not to come near you, contact you or harass you. If the subject of the restraining order violates it – meaning he or she ignores what the order says and comes near you, contacts you or harasses you anyway – he or she is subject to serious criminal penalties.

There are three types of restraining orders:

  • 72-hour no-contact orders. Usually, these types of restraining orders are automatic. The courts often issue them after domestic violence incidents.
  • Temporary restraining orders. Temporary restraining orders are only in place for a short time. They’re designed to give a person time to gather evidence to show the court that they need an injunction.
  • Injunctions. An injunction is a more permanent restraining order. These can last for up to 4 years, and if they expire, you can ask the court to issue another one.

So how do you get a restraining order? Many people ask an attorney for help. Your attorney can file a petition with the court to help you get a temporary restraining order, or TRO. The judge assigned to your case will look at your evidence and determine whether it seems like you need a restraining order; if the judge believes you need protection, he or she will issue the TRO and you’ll get a court date to come back within 14 days.

When you return to court, your attorney can present evidence that you need protection of a more permanent nature – and the judge will decide whether to issue a restraining order in your case.

Do You Need Help or More Information on How to Get a Restraining Order in Wisconsin?

If you need help getting a restraining order – or if you’re not sure how the process works and you still need to know how to get a restraining order in Wisconsin, we may be able to help you. Call us at 414-383-6700 today or contact us online.

Carlos Gamino