Wisconsin Restraining Orders Wisconsin offers three types of restraining orders to protect persons who are in fear of being harmed or have been harmed by another person. Restraining orders may help send the message to an individual that their abusive behavior may result in an arrest and criminal charge. The person who requests a restraining order is called the petitioner and the abusive person to whom the order is being issued against is the respondent. The major differences in the orders include: 1) the relationships between the petitioner and respondent and 2) the type of remedy the court may grant. Domestic Abuse Restraining Order 813.12 You may be eligible for a Domestic Abuse Restraining Order if you are an adult and: are currently or formerly married to the adult respondent; are related by blood to an adult respondent; reside with or formerly resided with the adult respondent; or have a child in common with the adult respondent. You may be eligible for a domestic abuse restraining order if you have experienced the following types of abuse: intentional infliction of physical pain, physical injury or illness; intentional impairment of physical condition; any degree of sexual assault; or a threat to engage in any of those behaviors. You may ask the court for the following reliefs: restrain the respondent from committing acts of domestic abuse; avoid your residence; avoid contacting you or having other people contact you; or any combination of these reliefs.   Procedure The restraining order procedure has two parts; a temporary order which is effective for seven to fourteen days; and a permanent restraining order which is effective for up to two years. You may secure the paper work necessary to file the order at the county clerk of courts office. You may file your order without the involvement of an attorney. A temporary order may be granted without the presence of the respondent. If the temporary order is granted, a hearing date will be scheduled within seven days. The respondent will be served notice of the petition and the hearing date. At the permanent injunction hearing, you and the respondent will be given the opportunity to testify as to what happened. If the court grants the permanent injunction, it is effective for up to two years. If you feel you are not in imminent danger you may ask for a permanent injunction without filing for a temporary order. The court will provide a hearing date and the respondent will be served with a copy of the petition and notice of hearing. No fee is charged to file your petition or serve the respondent with notice if the sheriff's department provides service. If the court grants your order, it is important that you keep a copy of the order with you at all times. The respondent is subject to a penalty of up to 9 months in jail or a $1,000 fine if he/she violates the order. There are many details involved with securing a domestic abuse restraining order. If you think this type of order would assist you. It is best to contact your local domestic abuse or sexual assault program for more information   Developed by Kathleen Kreneck, Policy Development Specialist, Wisconsin Coalition Against Domestic Violence