Protective Orders in Wisconsin

Who qualifies and what counts as domestic abuse

Under Wis. Stat. Section 813.12(1)(am), domestic abuse means several things. It includes intentional infliction of physical pain, injury, or illness, and intentional impairment of physical condition. It also includes certain sexual assault or stalking violations, damage to the person's property, or a threat to do any of these. It must be committed by an adult family member or household member against another. It also covers an adult caregiver against someone under their care, an adult against a former spouse, an adult against someone they have or had a dating relationship with, or an adult against someone they have a child with.

Family member means a spouse, parent, child, or person related by blood or adoption. Household member means someone currently or formerly residing in the same home.

The two-part procedure: temporary restraining order, then injunction hearing

Under Wis. Stat. Section 813.12(2m), the procedure has two parts. First, if requested, the court issues or refuses a temporary restraining order. Second, the court holds a hearing on whether to issue an injunction, the final relief. Under Section 813.12(3), a judge or circuit court commissioner must issue a temporary restraining order if the petition shows reasonable grounds to believe the respondent has engaged in, or may engage in, domestic abuse. The court must consider the potential danger and the pattern of abuse. It cannot deny the order based solely on how much time has passed since the last incident.

The 14-day injunction hearing

Under Section 813.12(3)(c), the temporary restraining order stays in effect until the injunction hearing. That hearing must be held within 14 days after the temporary order is issued. Exceptions apply in three cases: the parties agree in writing to extend it, separate service-of-process rules extend it, or the respondent has not been served despite due diligence. In that last case, the court gets one 14-day extension. The court cannot simply extend the temporary order instead of ruling on the injunction.

Under Section 813.12(4), the injunction itself requires the petitioner to serve the respondent with the petition and hearing notice, or the respondent to serve notice back. After the hearing, the court must find reasonable grounds to believe domestic abuse occurred or may occur.

Firearms

Wisconsin has a dedicated firearm surrender statute, Wis. Stat. Section 813.1285. The domestic abuse order process refers to it directly. When a court issues an order, it must give the respondent notice of three things. First, the requirements and penalties under Wis. Stat. Section 941.29 and similar federal laws. Second, an explanation of Section 813.1285's firearm surrender procedures, including when the respondent must appear at a hearing to surrender firearms. Third, a firearm possession form with instructions.

Household pets

Both the temporary restraining order and the injunction can specifically address a household pet. They can bar the respondent from removing, hiding, damaging, harming, mistreating, or disposing of a pet. They can also allow the petitioner, or a family or household member acting for them, to retrieve the pet.