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Legal Information: Wisconsin

Restraining Orders

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December 14, 2023

Step 4: A judge will review your petition.

When you have filed the forms with the clerk of court, s/he will bring your paperwork to the judge or court commissioner. The judge may want to ask you questions about your petition. If the judge believes you are in serious and immediate danger, s/he may give you a temporary (ex parte) restraining order which is good for 14 days, or until your full court hearing.

If the judge does not give you a temporary restraining order, you still can go forward with your request for a domestic abuse injunction as long as your case is not dismissed. To request a hearing on the final injunction when you were not given a temporary restraining order, you will file a motion requesting one.1 The hearing for the final injunction will be in front of a judge or court commissioner. At this hearing, you and the abuser will both have a chance to explain your sides of the story by presenting evidence, testimony, witnesses, etc. At the end of this hearing, the judge will decide whether or not to give you a final injunction.

You also have the right to request a new (“de novo”) hearing of the denial of your temporary restraining order.2 Please see I was not granted a domestic abuse injunction. What are my options? for more information.

1 Wis. Stat. § 813.12(2m)
2 Wis. Stat. § 813.126(1)