What is a Temporary Restraining Order?

A Temporary Restraining Order is a court order that prohibits contact between the person requesting the order (the Petitioner) and the person whom the restraining order is against (the Respondent).

The Temporary Restraining Order does not affect visitation unless ordered by a judge.

Temporary Restraining Orders prohibit:

• Acts of domestic abuse
• Cease or avoid the harassment of the petitioner
• Avoid the petitioner’s residence and/or any location temporarily occupied by the petitioner
• Avoid contacting or causing any other person to contact the petitioner except a party’s attorney or law enforcement officer, unless the petitioner consents to that contact in writing
• Any other appropriate orders

How to File

You may file with the assistance of an attorney or file pro se (on your own). Wisconsin Court System's self-help center is designed to help you find forms, learn about Wisconsin law and court procedures and represent yourself in some court matters. A forms packet is also available at the Clerk of Courts Office. The Women's Community also has forms available. You will need to bring the completed forms with the filing fee to the courthouse. You can also e-file your forms. We cannot provide you with legal advice, however if you have general questions, please contact the Clerk of Courts Office via email at Marathon.Clerk@WIcourts.gov or by phone at 715-261-1300.

The following steps must be completed:

1. Fill out the paperwork legibly and completely for the type of restraining order you will be filing.
2. Bring the paperwork to the Civil/Family Division of the Clerk of Courts Office.
3. You will then be instructed which judge to take your papers to.
4. Once the judge signs the papers, return to the Clerk of Courts Office with them.
5. Pay the required fees.
6. You will be given a copy of the temporary restraining order.
7. When the sheriff serves the papers on the other party you will receive a certificate of service.
8. File the certificate of service with the Clerk of Courts Office when you receive it.
9. Appear at your hearing. If you do not appear at your hearing, your case will be dismissed.

The Wisconsin Court System has implemented e-filing which is fast, easy, and convenient. You can file from your home and your case can be monitored in real time.

You may also submit necessary documents by mail or in person to:

Clerk of Courts
500 Forest Street
Wausau WI 54403

Paperwork for filing a temporary restraining order is accepted between 8:00am and 3:30pm, Monday through Friday.

You will need:

• The address of the person against whom you want the restraining order and their demographic information. You will need their height, weight, hair and eye color, date of birth, and race.
• A list of dates the abuse or harassment occurred, what happened, and who did what to whom.

Cost

Fees vary based on the type of restraining order:

• Harassment [Wisconsin Statute: 813.125]: $164.50 plus service fees (Unless conduct prohibited by Wisconsin §940.32 or §813.12)
• Domestic Abuse [Wisconsin Statute: 813.12]: No fees
• Child Abuse [Wisconsin Statute: 813.122]: No fees
• Individual at Risk [Wisconsin Statute: 813.123]: No fees
• Juvenile Harassment [Wisconsin Statute: 48.25(6) and 813.125]: No fees

If you are unable to afford the fees, you may complete a Petition for Waiver of Filing and Service Fees/Affidavit of Indigency and Order (form CV-410) and submit it with your restraining order. The Judge will approve or deny your petition based upon standard guidelines. A Judge may also order partial payment.

What Paperwork Must Be Filed

Forms required vary by the type of restraining order. Each restraining order type has criteria for when it can be used.

Harassment Restraining Order

Used When:

• There was striking, shoving, kicking or otherwise subjecting a person to physical contact or attempts or threatens to do same.
• Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose

Harassment is defined in statute 947.013 as (a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do same. (b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

Forms Required:

• CV-405 – Petition in Civil Court for Temporary Restraining Order and/or Injunction
• CV-420 – Respondent's Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner's Statement of Respondent's possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-406 Temporary Restraining Order.

Domestic Abuse Restraining Order

Used When:

• There was an intentional infliction of, or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent.
• All of the following criteria is met:
  
  • A spouse, former spouse, parent, child or a person related by blood or adoption to you.
  • A person currently or formerly residing in a place of abode with you.
  • A person with whom you have a child in common.
  • A person who provides in home or community care for you.
  • A person with whom you have or had a dating relationship.

There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.

Domestic abuse is defined in statute 813.12 as an intentional infliction of or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent. There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.

Forms Required:

• CV-402 – Petition for Temporary Restraining Order and/or Injunction
• CV-420 – Respondent's Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner's Statement of Respondent's possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-403 Temporary Restraining Order.

Child Abuse Restraining Order

Used When:

• There was infliction of physical injury on the child by other than accident
• There was sexual intercourse, contact, or exploitation of the child
• The person permitted, required, or encouraged the child to violate prostitution laws
• The person forced the child to view sexual activity
• The person exposed genitals or pubic area to the child
• The person caused the child to expose genitals or pubic area
• The person is involved in conduct that caused the child emotional damage
• A threat to do any of the above

Forms Required:

• CV-412 – Petition in Civil Court for Temporary Restraining Order and/or Injunction (Child Abuse)
• CV-420 – Respondent's Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner's Statement of Respondent's possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-413 Temporary Restraining Order.

Individual at Risk Restraining Order

Used when the Respondent interfered with, or based on prior conduct of the respondent, may interfere with:

• An investigation of the vulnerable adult by the county protective services agency
• The delivery of protective services to the vulnerable adult
• A protective placement of the vulnerable adult

Forms Required:

• CV-428 – Petition for Temporary Restraining Order and/or Injunction (Vulnerable Adult)
• CV-420 – Respondent's Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner's Statement of Respondent's possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-429.

Juvenile Harassment

Used When:

• The respondent is a child.
• There is a pending CHIPS action in the juvenile court involving the child victim.

Please contact the Clerk of Courts Office for information on procedure and forms.