Civil Restraining Orders and/or Injunctions

You may petition the Court for a temporary “civil” restraining order and/or injunction.  This may also be called an “order of protection.”  This restraining order and/or injunction may be issued even if the prosecutor is unable to file formal criminal charges against a person.  A restraining order/injunction is not the same as a “no contact condition” of bond.  It is a separate order of protection.  To petition the court for a restraining order you should obtain the forms from the Clerk of Courts office in the county that you reside.  There are many different types of restraining orders they may be able to answer your questions about which restraining order and/or injunction you should file.   If not, a private attorney may also be helpful. 

Harrassment Injunction

One common type of injunction is a “Harassment” injunction.  Harassment is defined in 813.125, of the Wisconsin Statutes as

(a) Strikes, shoves, kicks or otherwise subjects the person to physical contact; or (b) Engages in an act that would constitute abuse under 48.02(1); or (c) Sexual assault under 940.225; or (d) Stalking under 940.32; or attempts or threatens to do same; or (e) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

There is a fee for requesting a harassment injunction.

Domestic Abuse Injunctions

For domestic injunctions, you may find Hope House in Baraboo is a useful resource.

Another common injunction is a “Domestic Abuse” injunction.  Domestic abuse is defined in 813.12(1)(am), of the Wisconsin Statutes 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. There is no fee for a Domestic Abuse Injunction. In order for the court to issue a domestic abuse restraining order and/or injunction the offender must be one of the following:

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 have had a dating relationship.

The final order or injunction can be issued for up to four years. Respondents of a domestic abuse restraining order or injunction; that is, the person who is prohibited from having contact with the person who petitioned for the order, are prohibited by law from possessing any firearms during the length of the injunction. If a domestic abuse restraining order or injunction is issued, the respondent MUST surrender all firearms that he or she owns or possesses to the local Sheriff's Department

 

Injunction/Restraining Order Requirements

For both of these restraining orders/injunctions, the Judge or Court Commissioner will issue a temporary restraining order and shall hold a hearing on issuance of the injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or for service. It is important that you follow the directions of the court in returning for the hearing.

For more information on Injunctions contact the Sauk County Clerk of Courts.