Recently updated on March 11th, 2025 at 08:34 pm

Qualifying Relationships for Domestic Violence

1.  Spouse: A spouse or former spouse such as husband or wife, registered domestic partners

2.  Household members: Individuals residing or who used to reside together in the same household including family members

3.  Coparent: A person with whom the respondent has had a child

How to apply for a Restraining Order

In Wisconsin, you can apply for a Domestic Abuse Restraining Order (DARO) online.  You need to prepare and file the standard forms with your county court, inform the other party, attend a hearing, and present evidence to support the request for the order.

A Domestic Abuse Restraining Order (DARO) is a last warning for those abusing spouses, partners, cohabitating individuals, family members, and intimate or dating relationships, regardless of living arrangements.  It requires the abuse to stop and the abuser to stay away and not contact the victims, or face criminal charges and jail time.

These orders have a fixed duration but can be extended if the threat persists.

Protective orders serve as a crucial tool in breaking the cycle of abuse and reclaiming control over one’s life. They offer a sense of security and support for individuals navigating difficult situations of domestic violence.

Different types of Restraining Orders apply in situations of domestic violence, stalking, harassment, or situations where there is a credible threat to an individual’s safety.

If a person believes their situation qualifies for Domestic Abuse Restraining Order (DARO) as defined in Wisconsin Code Annotated, they can apply for one.

Step 1: Check special situations for an Domestic Abuse Restraining Order (DARO)

What if I am Under 18 years of Age

What if the abuser lives out of Wisconsin 

Yes, you can file for a Domestic Abuse Restraining Order in Wisconsin even if the abuser lives in another state. Wisconsin courts have jurisdiction over the case if:

1. The abuse occurred in Wisconsin, even if the abuser is out of state.
2. You live in Wisconsin, and the abuse has had an ongoing effect on you there.
3. The court determines it has personal jurisdiction over the abuser based on their past contacts with the state.

If the abuser is out of state, serving them the restraining order may require coordination with law enforcement or legal authorities in their state.

Situation Examples

Example 1:  Husband is sexually and verbally abusive, and controlling  

My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don’t sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger.  I feel little, humiliated and disgusted with myself.

Example 2:  Boyfriend blackmails and destroys property to control and induce fear

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.

Example 3: Ex-boyfriend stalks 

Jenna’s ex-boyfriend who earlier lived with Jenna, now shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

There are a few different types of Restraining Orders and typically only one of them may apply to your situation so it’s important to select the correct one.

Gather Evidence

The first step is to gather the evidence to support your case i.e. what proof do you need for a Domestic Abuse Restraining Order (DARO) in Wisconsin. The following are examples to help you organize though anything that supports your claims can be used.

Step 2: Get a copy of court forms 

In order to apply for a Domestic Abuse Restraining Order (DARO), you need to fill and submit a specific set of official Wisconsin court forms. These have questions aimed at understanding your situation and the people involved.

Step 3: File with the County’s Court

Filing is the process which means the following steps

1. Formally submitting the case documents at the court with the office of the clerk
2. The clerk reviews and verifies the correctness of forms and completeness of the required info
3. Clerk enters the case in the court database, stamps the documents and assigns a case #

County (Venue)
The proper venue for a Domestic Abuse Restraining Order (DARO) case is the county where the abuse took place or where the restrained party lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request.

Determine the Court 

In Wisconsin, you can file for a Domestic Abuse Restraining Order (DARO) in the Circuit Court of the county where you live, where the abuse occurred, or where the respondent (the person you’re seeking protection from) resides. Each county in Wisconsin has a circuit court.

Identify the methods of Filing

Method # 1: In Person by visiting the court house

Your court location would accept the forms to be submitted in person at the court hours.

Tip: All courts have lunch hours when they are closed for an hour

When you submit your case documents at the court, typically you take 3 copies.

The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

The stamp may look something like this:

Method # 2: E-file online

This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.

Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.

You will be required to some online service fees.

Method # 3: Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

Step 4: Judge Sets Hearing, Grant/Deny Temporary Restraining Order (TRO)

A judge reviews the case offline and then you will be notified by the court about the outcomes which are:

• Preliminary Protective Order Granted
• Preliminary Protective Order Denied

In addition the Judge would typically set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing.

The temporary order (if issued) is valid until the hearing i.e. typically about 3 weeks. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.

Step 5: Serve a set of Stamped Case Forms including Hearing Notice to Abuser 

Whenever one party initiates a Domestic Abuse Restraining Order (DARO) it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent

Under the Wisconsin law there are multiple ways in which the other party can be served.

You cannot  serve your papers yourself.

Option 1:  Ask the Sheriff (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in Wisconsin, prison staff, not the sheriff, will serve your papers.

Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

• 18 or over, and
• not part of your case

Think about safety when choosing your server.

Option 3: Hire a courier for legal papers (Process Server)  

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.

Step 6: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full Domestic Abuse Restraining Order (DARO) is issued. At this point it becomes a crime for the abuser to break the conditions of the Family Abuse Protective Order.

Step 7. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

Costs – How much does it cost to get a Domestic Abuse Restraining Order (DARO)

The cost for a Domestic Abuse Restraining Order (DARO) are

• FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
• FREE filing: There is no fees for filing in person. Online filing platforms may charge a E-filing fees
• FREE Serving the other party 

How long does it take to get a Domestic Abuse Restraining Order (DARO) from filing ?

You can get a temporary protection order the same day as you file.

Courts can have a cutoff of around 2 p.m.  for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.

Courts are generally open Monday-Friday and closed on Saturday-Sunday.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

At the hearing a formal order may be issued

Is a Domestic Abuse Restraining Order (DARO) helpful?

The purpose of a Domestic Abuse Restraining Order (DARO) is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a Domestic Abuse Restraining Order (DARO) can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a Domestic Abuse Restraining Order (DARO) may prohibit the respondent from

1. Approaching or contacting the petitioner including via text or social media
2. Staying away from the usual places petitioner is at such as home, work or school
3. Prohibit stalking, or surveillance of any kind
4. In situations where they lived together, provide custody or access to
   • Children
   • Pets
   • Important documents
   • Personal items such as clothes, medications, cell phones
   • Cars
5. Extending the protections to others living with the petitioner

Research findings on benefits of Family Abuse Protective Orders

Risks of a Family Abuse Protective Order

It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Domestic Abuse Restraining Order (DARO)  can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.

Despite the safeguards intended by a DARO, abusers may retaliate through various means, such as:

1. Physical assault or violence
2. Harming or taking away children
3. Damaging jointly owned property
4. Disregarding the order and persisting with threats, possibly through intermediaries
5. Inflicting harm or causing harm to pets
6. Harassing your loved ones for information
7. Engaging in stalking behavior
8. Initiating a retaliatory Domestic Abuse Restraining Order (DARO) against you
9. Spreading false information about you in court documents, online, or publicly

Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.