What is a Temporary Restraining Order?

  • A Temporary Restraining Order is a court order that prohibits contact between the person requesting the order (the Petitioner) and the person whom the restraining order is against (the Respondent).
  • The Temporary Restraining Order does not affect visitation unless ordered by a judge.

What types of Restraining Orders are available and what is the cost to file?

  • Harassment [Wisconsin Statute: 813.125]: $164.50 plus service fees (Unless conduct prohibited by Wisconsin §940.32 or §813.12)
  • Domestic Abuse [Wisconsin Statute: 813.12]: No fees
  • Child Abuse [Wisconsin Statute: 813.122]: No fees
  • Individual at Risk [Wisconsin Statute: 813.123]: No fees
  • Juvenile Harassment [Wisconsin Statute: 48.25(6) and 813.125]:  No fees

What if I cannot afford the fees?

You may complete a Petition for Waiver of Filing and Service Fees/Affidavit of Indigency and Order – Form No. CV-410 and submit it with your restraining order. The Judge will approve or deny your petition based upon standard guidelines. A Judge may also order partial payment.

What Conduct Does a Restraining Order Prohibit?

  • Acts of domestic abuse
  • Cease or avoid the harassment of the petitioner
  • Avoid the petitioner’s residence and/or any location temporarily occupied by the petitioner
  • Avoid contacting or causing any other person to contact the petitioner except a party’s attorney or law enforcement officer, unless the petitioner consents to that contact in writing
  • Any other appropriate orders

Which restraining order should I use?

Harassment if:

  1. There was striking, shoving, kicking or otherwise subjecting a person to physical contact or attempts or threatens to do same.
  2. Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose

Harassment is defined in statute 947.013 as (a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do same. (b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

Domestic Abuse if:

  1. There was an intentional infliction of, or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent.

And the adult respondent is:

  • A spouse, former spouse, parent, child or a person related by blood or adoption to you.
  • A person currently or formerly residing in a place of abode with you.
  • A person with whom you have a child in common.
  • A person who provides in home or community care for you.
  • A person with whom you have or had a dating relationship.

There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.

Domestic abuse is defined in statute 813.12 as an intentional infliction of or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent. There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.

Questions about Domestic Abuse

 Child Abuse if:

  1. There was infliction of physical injury on the child by other than accident, OR
  2. There was sexual intercourse, contact, or exploitation of the child, OR
  3. The person permitted, required, or encouraged the child to violate prostitution laws, OR
  4. The person forced the child to view sexual activity
  5. The person exposed genitals or pubic area to the child
  6. The person caused the child to expose genitals or pubic area
  7. The person is involved in conduct that caused the child emotional damage, OR
  8. A threat to do any of the above

 Individual at Risk if:

   The Respondent interfered with, or based on prior conduct of the respondent, may interfere with:

  • An investigation of the vulnerable adult by the county protective services agency
  • The delivery of protective services to the vulnerable adult OR
  • A protective placement of the vulnerable adult

Juvenile Harrassment if:

    Cases in juvenile court where:

  1. The respondent is a child; or
  2. There is a pending CHIPS action in the juvenile court involving the child victim.

What do I need to complete the forms?  

  • The address of the person against whom you want the restraining order.
  • A list of dates the abuse or harassment occurred, what happened, and who did what to whom.
  • A picture ID so that your signature may be notarized. 

Where can I get the forms for filing?

  • The Clerk of Courts Office; or
  •  The Women’s Community (Domestic abuse & sexual assault victim services)
    3200 Hilltop Ave., Wausau, WI 54401
    715-842-5663
    Toll free 1-888-665-1234
    Crisis Line & Shelter (24 hours) 715-842-7323
  • Wisconsin Court System – Circuit Court forms website

What forms do I need to file?

  • Harassment Restraining Order:
    • CV-405 - Petition in Civil Court for Temporary Restraining Order and/or Injunction
    • CV-406 - Notice of Hearing – Temporary Restraining Order (Harassment)
    • CV-407– Injunction (Harassment)
    • Aid in Serving Papers (PDF)
  • Domestic Abuse Restraining Order:
    • CV-402 – Petition for Temporary Restraining Order and/or Injunction
    • CV-403 – Notice of Hearing Temporary Restraining Order (Domestic Abuse)
    • CV-404 – Injunction (Domestic Abuse)
    • Aid in Serving Papers (PDF)
  • Child Abuse Restraining Order:
    • CV-412 – Petition in Civil Court for Temporary Restraining Order and/or Injunction (Child Abuse)
    • CV-413 – Notice of Hearing Temporary Restraining Order (Child Abuse)
    • CV-414 – Injunction (Child abuse)
    • Aid in Serving Papers (PDF)
  • Individual at Risk Restraining Order:
    • CV-428 - Petition for Temporary Restraining Order and/or Injunction (Vulnerable Adult)
    • CV-429– Notice of Hearing Temporary Restraining Order (Vulnerable Adult)
    • CV-430 – Injunction (Vulnerable Adult)
    • Aid in Serving Papers (PDF)

How Do I File a Restraining Order?

  1. Fill out the paperwork legibly and completely for the type of restraining order you will be filing.
  2. Bring the paperwork to the Civil/Family Division of the Clerk of Courts Office.
  3. You will then be instructed which judge to take your papers to.
  4. Once the judge signs the papers, return to the Clerk of Courts Office with them.
  5. Pay the required fees.
  6. You will be given a copy of the temporary restraining order.
  7. When the sheriff serves the papers on the other party you will receive a certificate of service.
  8. File the certificate of service with the Clerk of Courts Office when you receive it.
  9. Appear at your hearing.

If you do not appear at your hearing, your case will be dismissed.

Additional Information: