Whether someone is seeking protection or facing a civil injunction or a temporary restraining order filed against them, it is important to understand how this process works in Wisconsin.
We work with clients across Dane County and beyond, and questions about civil injunctions and restraining orders come up often. The two processes are separate, but they can run parallel in ways that affect strategy on both fronts.
The Difference Between a TRO and an Injunction
People use these terms interchangeably, but in Wisconsin they actually mean two distinct things.
A temporary restraining order, or TRO, refers to a restraining order that only lasts a short period of time, generally less than two weeks. It is the first step, an emergency measure designed to provide immediate protection while the court schedules a fuller hearing.
An injunction, by contrast, refers to a restraining order that lasts for a longer period of time than the TRO. Injunctions are typically ordered to last two to four years but can last up to 10 years depending on the facts of the case.
Steps Taken in the Restraining Order Process
There are two steps to obtaining a permanent order in Wisconsin.
Step one: The person seeking a temporary restraining order files a petition asking the court to prohibit the respondent from behaving in a certain way. After reviewing the petition, a judge or court commissioner will decide whether to grant or deny the request for a temporary restraining order.
If the court decides to grant the request, the TRO prohibits the respondent from behaving in a certain way for a temporary period of time. The court can grant the TRO ex parte, meaning the decision is made without the respondent (the person whom the TRO affects) knowing that the petition is filed and without them being at the courthouse. If you are the respondent, you may not know an order has been filed until law enforcement shows up to serve you.
If the petition is granted, the court will set a date for the injunction hearing and notify the petitioner of that date. The respondent must also receive notice of the TRO and the date for the injunction hearing. The sheriff will let the respondent know by serving the TRO and notice of hearing paperwork.
Step two: An injunction hearing must generally be held within 14 days of the TRO being issued. At the hearing, the petitioner explains why they are asking for a restraining order and may present evidence to the court. The respondent will also have the opportunity to talk to the judge or court commissioner and present evidence. Respondents who show up prepared, with documentation and a clear account of events, tend to fare better than those who arrive expecting the process to sort itself out.
After hearing from both parties, the court will decide whether to grant or deny the injunction. If the petitioner or respondent is not satisfied with a decision made by a court commissioner, they may petition for a new review. A “motion for de novo review” on a temporary restraining order or injunction must be completed and filed with the court within 30 days.
Four Types of Restraining Orders in Wisconsin
In Wisconsin, there are four different types of restraining orders, or orders of protection. These cover domestic abuse, harassment, child abuse, and individuals at risk. Each category has its own legal standards, its own filing procedures, and its own potential consequences for the respondent.
What Happens If Someone Violates a Restraining Order?
Violations can result in both fines and potential jail time. The law holds that a respondent who knowingly violates a restraining order issued after a hearing shall be fined not more than $10,000 or imprisoned for not more than 9 months, or both. A violation of a civil injunction can quickly become a criminal matter. We encourage clients to reach out early when they are facing an injunction, rather than waiting to see how things develop.
Casper Mehlos Law Group Can Help You Navigate This Process
Whether you are seeking protection or responding to an order filed against you, the civil injunction process in Wisconsin moves quickly. The two-week window between a TRO and the injunction hearing does not leave much time to gather evidence, understand the legal standards, or prepare a meaningful response. We have seen clients walk into injunction hearings without legal guidance and struggle to present their side effectively, even when the facts were on their side.
If you or someone you know is dealing with a civil injunction or TRO in Wisconsin, contact a lawyer at Casper Mehlos Law Group now. This gives you the best chance to understand your options and respond effectively. We are here when you need us.
