How to Get a Restraining Order in Wisconsin
Reviewed by DocDraft Legal Team · Wisconsin · Last updated September 17, 2026
In Wisconsin, a domestic abuse injunction is a civil circuit court order that directs an abuser to stop the abuse, avoid your home, and stay away from you, issued under Wis. Stat. 813.12. You get one in two steps. First, you file a Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Form CV-402) with the circuit court in the county where you live, where the person you want protection from lives, or where the abuse happened. There is no filing fee for a domestic abuse case (Wis. Stat. 814.61(1)(d)). A judge or circuit court commissioner can issue a temporary restraining order (TRO) the same day, without the other person present, if there are reasonable grounds to believe domestic abuse occurred or may occur (Wis. Stat. 813.12(3)). That TRO stays in effect until an injunction hearing, which the court holds within 14 days after the TRO is issued. At the hearing, a judge decides whether to grant a domestic abuse injunction, which can last up to four years, or up to ten years if the court finds a substantial risk the respondent may commit intentional homicide against you (Wis. Stat. 813.12(4)(c) and (d)). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
Find out where you stand in Wisconsin
Where are you in getting a restraining order?
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How do I get a restraining order in Wisconsin?
File a Petition for Temporary Restraining Order and/or Injunction Hearing (Form CV-402) with the circuit court in your county. There is no filing fee for a domestic abuse case (Wis. Stat. 814.61(1)(d)). A judge or circuit court commissioner can issue a same-day temporary order, and an injunction hearing is set within 14 days.
How long does a temporary restraining order last in Wisconsin?
A domestic abuse temporary restraining order (TRO) is in effect until the court holds a hearing on issuing an injunction (Wis. Stat. 813.12(3)). That hearing must be held within 14 days after the TRO is issued, unless both parties agree in writing to extend the time.
How long does a domestic abuse injunction last in Wisconsin?
After the hearing, a judge can grant a domestic abuse injunction for the time you request, up to four years (Wis. Stat. 813.12(4)(c)). The injunction can last up to ten years if the court finds a substantial risk the respondent may commit first or second degree intentional homicide against you (Wis. Stat. 813.12(4)(d)).
Which court handles restraining orders in Wisconsin?
You file in the circuit court, in the county where you live, where the person you want protection from lives, or where the abuse occurred. The Wisconsin Court System provides the CV-402 petition and self-help guidance so you can file a domestic abuse case without a lawyer.
Wisconsin restraining order law at a glance
In Wisconsin, a domestic abuse injunction is a civil circuit court order that protects you from abuse by a spouse, partner, family member, or someone you live with or share a child with, under Wis. Stat. 813.12. You start by filing a Petition for Temporary Restraining Order and/or Injunction Hearing (Form CV-402), and there is no filing fee for a domestic abuse case (Wis. Stat. 814.61(1)(d)). A judge or circuit court commissioner can issue a temporary restraining order the same day, without notice to the other person, if there are reasonable grounds to believe domestic abuse occurred or may occur (Wis. Stat. 813.12(3)). That temporary order stays in effect until an injunction hearing, held within 14 days. A final injunction can last up to four years, or up to ten years in high homicide risk cases (Wis. Stat. 813.12(4)).
Getting a Wisconsin domestic abuse injunction after threats from an ex-partner
In Wisconsin, protection comes in two steps: a temporary restraining order first, then an injunction that can last up to four years. Suppose your former partner has been showing up at your home and sending threatening messages. You complete a Petition for Temporary Restraining Order and/or Injunction (Form CV-402) and file it with the circuit court at no cost (Wis. Stat. 814.61(1)(d)). The same day, a circuit court commissioner reviews your petition and signs a TRO because there are reasonable grounds to believe abuse may occur (Wis. Stat. 813.12(3)). The TRO stays in effect until the injunction hearing, held within 14 days. A sheriff's deputy serves your ex. At the hearing you show the messages and testify, and the judge grants a four-year injunction ordering no contact (Wis. Stat. 813.12(4)(c)). Attorney review of your petition is available through DocDraft.
Relevant Laws
Wis. Stat. 813.12(3) (temporary restraining order and hearing)
Directs a judge or circuit court commissioner to issue a temporary restraining order on reasonable grounds to believe domestic abuse occurred or may occur. The TRO is in effect until an injunction hearing, which must be held within 14 days after the TRO is issued unless the parties consent in writing to extend the time.
Wis. Stat. 813.12(4)(c) (injunction up to 4 years)
Provides that a domestic abuse injunction is effective according to its terms, for the period of time that the petitioner requests, but not more than 4 years, except as provided in paragraph (d).
Wis. Stat. 813.12(4)(d) (injunction up to 10 years)
Allows a judge to grant an injunction effective for up to 10 years if the court finds, by a preponderance of the evidence stated on the record, a substantial risk that the respondent may commit first-degree intentional homicide (s. 940.01) or 2nd-degree intentional homicide (s. 940.05) against the petitioner.
Wis. Stat. 814.61(1)(d) (no filing fee)
Provides that no fee charged under that subsection may be collected from a petitioner in any action commenced under s. 813.12, 813.122, or 813.123, so there is no filing fee for a domestic abuse restraining order or injunction.
Regional Variances
Wisconsin restraining order rules at a glance
Order name
A two-step process under Wis. Stat. 813.12: a domestic abuse temporary restraining order (TRO) first, then a domestic abuse injunction after a hearing. Separate statutes cover harassment (Wis. Stat. 813.125) and child abuse (Wis. Stat. 813.122) orders.
Where to file
The circuit court, in the county where you live, where the person you want protection from lives, or where the abuse occurred. There is no filing fee for a domestic abuse case (Wis. Stat. 814.61(1)(d)).
Emergency and temporary orders
A judge or circuit court commissioner can issue a TRO the same day you file, without the other person present, on reasonable grounds to believe domestic abuse occurred or may occur (Wis. Stat. 813.12(3)). The TRO lasts until the injunction hearing, held within 14 days.
Final order duration
After the hearing, a domestic abuse injunction can last up to four years, or up to ten years if the court finds a substantial risk of first or second degree intentional homicide (Wis. Stat. 813.12(4)(c) and (d)).
Main form
Form CV-402, Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse). The injunction is issued on Form CV-404. Forms are free through the Wisconsin Court System.
Suggested Compliance Checklist
Complete the Petition for TRO and/or Injunction (CV-402)
As soon as possible after the abuse days after startingFill out Form CV-402 describing the abuse, your relationship, and specific dates. Use the free Wisconsin Court System self-help forms or ask the clerk of circuit court for help. Attorney review of your petition is available through DocDraft.
File your petition with the clerk of circuit court
Same day you finish the petition days after startingFile Form CV-402 with the clerk of circuit court in the county where you live, where the other person lives, or where the abuse occurred. There is no filing fee for a domestic abuse case (Wis. Stat. 814.61(1)(d)). Ask when the court will decide on your temporary order.
Get and carry the temporary restraining order
Same day a judge or commissioner signs it days after startingIf the court grants a TRO (Wis. Stat. 813.12(3)), get the signed order and keep a copy with you. It stays in effect until the injunction hearing. Note your hearing date, which the court sets within 14 days.
Arrange service on the respondent
Before the injunction hearing days after startingHave the sheriff or another adult who is not you personally serve the respondent with your petition, the TRO, and the notice of hearing, then file proof of service. Service is required for a judge to grant an injunction at the hearing.
Attend the injunction hearing with your evidence
Within 14 days of the TRO days after startingGo to the injunction hearing and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to grant a domestic abuse injunction (Wis. Stat. 813.12(4)). If you miss the hearing, your TRO can expire.
Track the injunction's expiration date
Before the injunction expires (up to 4 or 10 years out) days after startingA domestic abuse injunction can last up to four years, or up to ten years in high homicide risk cases (Wis. Stat. 813.12(4)). Calendar the expiration date. You can ask the court about extending protection before the injunction ends.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Petition for TRO and/or Injunction (CV-402) | Fill out Form CV-402 describing the abuse, your relationship, and specific dates. Use the free Wisconsin Court System self-help forms or ask the clerk of circuit court for help. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the clerk of circuit court | File Form CV-402 with the clerk of circuit court in the county where you live, where the other person lives, or where the abuse occurred. There is no filing fee for a domestic abuse case (Wis. Stat. 814.61(1)(d)). Ask when the court will decide on your temporary order. | - | Same day you finish the petition |
| Get and carry the temporary restraining order | If the court grants a TRO (Wis. Stat. 813.12(3)), get the signed order and keep a copy with you. It stays in effect until the injunction hearing. Note your hearing date, which the court sets within 14 days. | - | Same day a judge or commissioner signs it |
| Arrange service on the respondent | Have the sheriff or another adult who is not you personally serve the respondent with your petition, the TRO, and the notice of hearing, then file proof of service. Service is required for a judge to grant an injunction at the hearing. | - | Before the injunction hearing |
| Attend the injunction hearing with your evidence | Go to the injunction hearing and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to grant a domestic abuse injunction (Wis. Stat. 813.12(4)). If you miss the hearing, your TRO can expire. | - | Within 14 days of the TRO |
| Track the injunction's expiration date | A domestic abuse injunction can last up to four years, or up to ten years in high homicide risk cases (Wis. Stat. 813.12(4)). Calendar the expiration date. You can ask the court about extending protection before the injunction ends. | - | Before the injunction expires (up to 4 or 10 years out) |
Frequently Asked Questions
No. There is no filing fee for a domestic abuse case in Wisconsin. Wis. Stat. 814.61(1)(d) states that no fee may be collected from a petitioner in an action commenced under s. 813.12, the domestic abuse restraining order and injunction statute. This applies whether you seek the TRO, the injunction, or both.
Yes. A judge or circuit court commissioner can issue a temporary restraining order (TRO) without the other person present, based on your petition, if there are reasonable grounds to believe domestic abuse occurred or may occur (Wis. Stat. 813.12(3)). The TRO then stays in effect until the injunction hearing.
You can file in Wisconsin if the person who abused you is a current or former spouse, an adult you live with or used to live with, a person you have a child with, an adult relative, or a person with whom you have or had a dating relationship. A parent or guardian can file for a child.
You start with Form CV-402, the Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing for domestic abuse. If the judge grants the injunction, the court issues it on Form CV-404. The Wisconsin Court System provides these forms and instructions free through its self-help site.
At the injunction hearing, both you and the respondent can attend, present evidence, and testify. The judge decides whether to grant a domestic abuse injunction and what terms to include, such as no contact and stay away orders (Wis. Stat. 813.12(4)). The hearing is held within 14 days after the TRO is issued.
A domestic abuse injunction usually lasts up to four years, but a judge can grant one for up to ten years if the court finds, by a preponderance of the evidence, a substantial risk that the respondent may commit first or second degree intentional homicide against you (Wis. Stat. 813.12(4)(d)). This is decided at the injunction hearing.
Violating a domestic abuse injunction is a crime in Wisconsin. Call the police, who can arrest the respondent, and the court can also hold the person in contempt. Keep a copy of your injunction with you at all times and report every violation. Active orders are entered in a law enforcement database.
No. Wisconsin circuit courts are set up for people to request restraining orders on their own, with free CV-402 forms and self-help resources. Many people file without a lawyer, especially for a temporary order. Legal help can be useful if the case is contested or the respondent has an attorney.
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