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Legal Information: Wisconsin

Restraining Orders

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December 14, 2023

What protections can I get in a child abuse restraining order?

A temporary or final child abuse restraining order or injunction can order the abuser to:

  • avoid the child victim’s residence or any place temporarily occupied by the child victim or both;
  • avoid contacting or causing any person other than a party’s attorney to contact the child victim (unless you, the petitioner, consents to that contact in writing and the judge agrees that the contact is in the best interests of the child victim); and
  • not remove, hide, damage, harm, or mistreat, or dispose of, a household pet (and the judge can allow the petitioner or his/her family/household member to get the pet).1
  • Note: If you request it, as part of a final injunction, the judge can order a wireless telephone provider to transfer to you the right to use (and responsibility to pay for) any telephone number that you use or that a minor child in your care uses.2

In a final child abuse injunction, the abuser will be required to surrender any firearms that s/he owns.3 However, if the abuser is a police officer, or has to use a firearm as part of his/her work, the court may not require him/her to surrender the firearms.4 For more information on gun laws in Wisconsin, see our WI State Gun Laws page.

1 Wis. Stat. § 813.122(4)(a), (5)(a)
2 Wis. Stat. § 813.122(5c)
3 Wis. Stat. § 813.122(5m)(a)(2)
4 Wis. Stat. § 813.122(5m)(ag)