Who can file a petition for a Domestic Abuse Restraining Order?

July 15th, 2019 by


Are you considering getting a Domestic Abuse Restraining Order in Wisconsin?  Here are answers to some of the questions you might have or consider.

Who can file a petition for a Domestic Abuse Restraining Order?

  • A spouse, parent, adult child, or other person related by blood or adoption.
  • A current or former member of the household, such as a roommate or live-in nanny.
  • A former spouse.
  • An individual with whom the party has a child in common.
  • A person with whom a party has, or has had, a dating, romantic, or intimate social relationship.  This does not include other casual or business-related relationships.
  • An adult guardian of an incompetent individual may file for a petitioner if the petitioner and respondent have one of the above relationships.

What is ‘Domestic Abuse’?

Domestic Abuse is defined as

  • Any intentional infliction of physical pain, physical injury, or illness.
  • Any intentional impairment of the petitioner’s physical condition.
  • Damage to personal property.
  • Sexual contact or sexual intercourse without consent.

How long can a judge or court commissioner impose a Domestic Abuse Injunction?

The injunction can be for up to 4 years, but it may be as long as 10 years if a commissioner or judge finds that there is a substantial risk of homicide or sexual assault.

For more information, and to learn what to expect for your TRO case, contact Halling & Cayo with any questions about your case or visit our Temporary Restraining Order page.