Restraining Orders

A restraining order is a court order that prohibits contact and/or certain behavior directed to the person needing protection. Restraining orders are different from bail or bond conditions, probation rules, or a 72-hour no contact as condition of arrest order.

The following is information on how to obtain different types of Temporary Restraining Orders (TRO) that are effective until a court official grants more long term protection called an injunction. There are 4 types of restraining orders.

Types of Restraining Orders
Domestic Abuse
Domestic abuse restraining orders requested generally if an adult (someone 18 years or older) has intentionally caused you physical pain, injury or illness; has impaired your physical condition; has sexually abused you; or threatened to physically or sexually harm you, you may ask for a domestic abuse restraining order if one of the following describes your relationship to the abuser:
  • You (the person needing protection) and the adult (the abuser) are related by blood.
  • You are or have been married to the person who has abused you.
  • You are receiving in-home or community care from the person who abused you.
  • You are the guardian of the person being abused by someone meeting the criteria above.
  • You are under the guardianship of the abuser [as defined by Wisconsin stat. 880.01(3)].
  • You have a child together with the abuser.
  • You have lived with, are living with, or were dating the person who abused you.
A harassment restraining order is requested generally if a person attempts, threatens or does strike, shove, kick or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose. This is also commonly requested by victims of stalking.

Individual At Risk (Vulnerable Adult)
An individual at risk restraining order is requested generally on behalf of individuals at risk, which includes any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

People who may seek the temporary restraining order (TRO) include the adult at risk, social service workers, law enforcement personnel, parents, adult siblings, adult children, legal guardians of adults at risk, or county protective service agencies.

Child Abuse

Usually requested generally by parents, step-parents, or legal guardians to protect individuals under the age of 18 from:
  • An individual who caused the child emotional damage for which the child victim's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to relieve the symptoms
  • Contact or exploitation
  • Physical injury (other than accidental)
  • Prostitution, forced viewing of sexual activity, genitals, or pubic area
  • Sexual intercourse
  • Threats to do any of the above