Know the Laws: Wisconsin

UPDATED January 6, 2009

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• Who is considered an individual at risk?
• What is an individual at risk restraining order?
• What is the legal definition of “abuse” of individuals at risk in Wisconsin?
• How can an individual at risk restraining order help me?
• Who is eligible to file for an individual at risk restraining order?
• What are the steps for getting an individual at risk restraining order?

back to topWho is considered an individual at risk?

An "individual at risk" is any adult who:

• has a physical or mental condition that substantially (significantly) impairs his/her ability to care for his/ her needs and
• is experiencing, has experienced or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.*

An individual at risk is also referred to as an "adult at risk" or "elder adult at risk."

* Wis. Stat. § 813.123(1)

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back to topWhat is an individual at risk restraining order?

If you are an individual at risk, it can protect you from a person who:

• Interfered with (or based on prior behavior may interfere with) the delivery of protective services, protective placement, delivery of services, or an investigation of the individual at risk
  • And that interference, if continued, would make it difficult to determine whether abuse has occurred, will occur, or is occurring; or
• Has abused, financial exploited, neglected, harassed, or stalked you; or
• Mistreated your animal *

* Wis. Stat. § 813.123(4)(a)

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back to topWhat is the legal definition of “abuse” of individuals at risk in Wisconsin?

For the purposes of getting an individual at risk restraining order, “abuse” includes:

• Physical abuse
• Emotional abuse
• Sexual abuse
• Treatment without consent (for example: giving the individual at risk medication without informed consent or doing experimental research without informed consent)
• Intentional confinement or restraint
• Financial exploitation
• Neglect
• Self-neglect *

* Wis. Stat. § 813.123(1)

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back to topHow can an individual at risk restraining order help me?

An injunction can order the abuser to:

• Avoid interference with an investigation of the individual at risk, the delivery of protective services to or protective placement of the individual at risk;
• Stop engaging in or threatening to engage in the abuse, financial exploitation, neglect, harassment, or stalking of an individual at risk or the mistreatment of an animal;
• Avoid the residence of the individual at risk or any other location temporarily occupied by the individual at risk, or both;
• Avoid contacting or causing any person other than a party’s attorney or a law enforcement officer to contact the individual at risk;
• Any other appropriate remedy not inconsistent with the remedies requested in the petition.*

* Wis. Stat. § 813.123(5)(ar)

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back to topWho is eligible to file for an individual at risk restraining order?

An individual at risk, a social service worker, law enforcement personnel, parents, adult siblings, adult children, legal guardians of adults at risk, and county protective service agencies can file for this restraining order.

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back to topWhat are the steps for getting an individual at risk restraining order?

The steps for getting an individual at risk restraining order are similar to the steps involved with obtaining a domestic abuse restraining order. You can file for an individual at risk restraining order with the clerk at the county courthouse. Be sure to tell the clerk you need the forms to file for an individual at risk restraining order. See Court Forms for a list of forms that you might need.

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