Eisenberg Law Offices, S.C. | November 10, 2026 | Criminal Defense
Some people assume that getting a restraining order in Wisconsin simply means telling the police that another person has threatened them. While that can get the ball rolling and prompt an officer to respond to a report, a restraining order comes from a court when it’s all said and done. That means the person requesting it must file a petition.
The process can move quickly if someone’s safety is at stake in these circumstances, but the rules depend on the type of order you’re requesting. Knowing what to expect is important whether you’re asking for protection or defending against a petition; we’ll cover the most pertinent information in the sections to follow.
Wisconsin has different restraining orders based on the events involved and the relationship between the people. Domestic violence orders generally require a certain personal relationship, for instance, while harassment orders may be available without those ties.
Wisconsin also has orders for child abuse and individuals at risk. Each has different requirements, so the wrong petition could delay your request.
Most cases begin with a request for a temporary restraining order (TRO) in circuit court. Wisconsin’s online portal lets people prepare and file domestic abuse and harassment petitions, though paper forms remain available as well.
For many of these cases, you may file in the county where you live or where the other person lives. Domestic abuse petitions are free, although some harassment petitions involve filing fees.
Keep the following in mind when completing your paperwork:
Filing the petition alone does not guarantee protection, so take care to provide an accurate account. From there, a judge will decide whether a temporary order is appropriate.
A judge may grant a TRO without first hearing from the other person. If that happens, an injunction hearing is generally set within 14 days so both sides can explain their positions.
To prepare for that hearing:
The court will then decide whether to issue an injunction that lasts longer than the temporary order. Depending on the facts and circumstances, an injunction may remain in effect for years, which makes the hearing an important part of the process.
If you have been served with a restraining order, keep in mind that the petition itself does not mean you have committed a crime. It’s paramount that you still follow any order the court has issued so that you can maintain your legal rights and interests.
Violating an order can lead to criminal charges even in cases where the underlying accusations are outright false. Certain injunctions can also restrict firearm possession, so speaking with a criminal defense attorney before the hearing is almost certainly in your best interest.
The legal process in a restraining order case can be difficult to handle without legal guidance, particularly if you’re also facing criminal charges at the same time. An experienced defense lawyer can help you determine your best course of action and work toward the most favorable outcome possible under the law from there.
Eisenberg Law Offices S.C. is a trusted criminal defense law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
Eisenberg Law Offices, S.C. – Madison
121 S. Pinckney St. Suite 400, Madison, WI 53703
(608) 256-8356
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