Domestic Abuse Restraining Order

The information contained on this web page is provided as a courtesy to members of the public, and shall not be construed as legal advice.  If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service at (800) 362-9082 for additional assistance.

Domestic Abuse Retraining Orders are used if an adult (someone 18 years or older) has intentionally caused you (an adult 18 years or older) physical pain, injury, or illness; has impaired your physical condition; has sexually abused you; or threatened to physically or sexually harm you.

Domestic abuse is defined in Wis. Stat. §813.12 as intentional infliction of physical pain, physical injury or illness, intentional impairment of physical condition; or sexual contact or sexual intercourse without consent, criminal damage to the victim’s property, or a threat to engage is such conduct. There must be fact showing an imminent danger of physical harm before a temporary restraining order can be issued.  

Who may Petition?

  1. You (the person needing protection) and the adult (the abuser) are related by blood; or 
  2. You are or have been married to the person who has abused you; or 
  3. You have a child together with the abuser; or 
  4. You have lived with, are living with, or were dating the person who abused you; or 
  5. You are receiving in home or community care from the person who abused you; or
  6. You are under the guardianship of the abuser [as defined by Wis. Stat. 880.01(3), or 
  7. You are the guardian of the person being abused by someone meeting the criteria above

Against whom may the Petitioner bring an action?

  1. Adult family member
  2. Adult household member
  3. Adult former spouse
  4. Adult with whom have child in common
  5. Adult with whom have or have had a dating relationship
  6. Adult caregiver 

Jurisdiction

The Petitioner may file for a temporary restraining order/injunction in the county where the Petitioner resides; or where the Respondent resides; or where the incident occurred. 

Filing Fee

It is free to file a petition for domestic abuse restraining order/injunction. 

Domestic Abuse Forms

Form CV-403 (PDF) Temporary Restraining Order (Temporary Order of Protection) and Notice of Injunction Hearing (Domestic Abuse – 30709)

  • Petitioner to complete the caption (top section of page 1) with the petitioner’s name, date of birth, and Respondent’s name and address. 

Form CV-402 (PDF) Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse – 30709)

Form CV-446 (PDF) Notice and Order for Injunction Hearing When Temporary Restraining Order is Not Issued – Domestic Abuse 

  • Petitioner to complete the caption (top section of page 1) with the petitioner’s name, date of birth, and Respondent’s name and address. 

Form CV-420 (PDF) Respondent’s Information for Sheriff to Effect Service

  • Petitioner to complete all blanks

Form CV-502 (PDF) Confidential Address Information in Domestic Abuse, Child Abuse, Individual at Risk; and Harassment Temporary Restraining Order and Injunction Actions

  • Petitioner to complete all blanks

Form CV-804 (PDF) Information for Respondents Regarding the Surrender and Return of Firearms

  • For informational purposes only- nothing is completed on this form by either party

Form CV-800 (PDF) Respondent’s Statement of Possession of Firearms

  • Petitioner to complete the caption (top section of page 1) with the Respondent’s name, address, and telephone number
  • After the Respondent is personally served with the documents, Respondent is required to complete the form and bring it to the Injunction Hearing. 

Form CV-801 (PDF) Petitioner’s Statement of Respondent’s Possession of Firearms

  • Petitioner to complete all blanks