What Types of Restraining Orders Can You Get in Wisconsin?

By Attorney Carlos Gamino

The state of Wisconsin seeks to protect people from domestic violence, harassment and abuse – and one of the ways it does that is through restraining orders. Restraining orders are legal documents that prohibit someone from behaving a certain way. Most commonly, restraining orders are used to prevent one person from contacting another person, but there are several types of these orders available to victims of abuse.

What Types of Restraining Orders Can You Get in Wisconsin?

You can ask a judge to give you a restraining order for:

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

Domestic Abuse Restraining Orders

You can request a domestic abuse restraining order if you:

  • Are related by blood
  • Have been married or are currently married to the abuser
  • Have a child with the abuser
  • Live with the abuser or are dating the abuser
  • Receive inhome or community care from the abuser
  • Are under the guardianship of the abuser
  • Petition, as a guardian, on behalf of a person being abused under any of these criteria

Harassment Restraining Orders

You can seek a restraining order based on harassment if you’re a victim of someone else doing the following things to you:

  • Hitting or striking
  • Shoving
  • Kicking
  • Subjecting you to physical contact
  • Attempting or threatening to subject you to physical contact
  • Engaging in, threatening or attempting to engage in an act of child abuse, sexual assault or stalking
  • Engaging in a course of conduct or repeatedly committing acts that harass or intimidate you that serve no legitimate purpose

Restraining Orders for Individuals at Risk

You can petition the court for a restraining order as an individual at risk (or on behalf of an individual at risk) if you are an adult who has a physical or mental condition that impairs your (or his or her) ability to take care of yourself (or him- or herself). You can also file as, or on behalf of, a person 60 or older who has experienced, is experiencing, or is at risk of experiencing:

  • Emotional abuse
  • Neglect or self-neglect
  • Physical abuse
  • Sexual abuse
  • Treatment without consent
  • Unreasonable confinement or restraint
  • Financial exploitation by someone who has, or who may, interfere with an investigation, delivery of services or protective services, or placement

Child Abuse Restraining Orders

Children, parents, stepparents, legal guardians and guardians ad litem can petition the court for a child abuse restraining order for many reasons, including when a child has:

  • Been permitted, allowed or encouraged to violate prostitution laws
  • Forced to view sexually explicit activity
  • Had physical injury inflicted upon him or her by other than accidental means
  • Sexual abuse or sexual exploitation
  • Suffered emotional damage
  • Suffered exposure of genital or pubic areas

Do You Need to Talk to an Attorney About the Types of Restraining Orders Available to You?

If you aren’t sure what type of restraining orders are available to you, or what you should do in the event that you’ve been harmed or threatened – or that someone you care about has been harmed or threatened – we may be able to help. Call us at 414-383-6700 now to learn about your options.

Carlos Gamino