An ex parte order in Wisconsin is a temporary restraining order that a judge or court commissioner can sign the same day you file, based solely on your sworn petition, without the other person being notified or present. It takes effect immediately once the respondent is served and stays in place until a full injunction hearing, which the court must hold within 14 days.
Which Statute Covers Your Situation
Wisconsin has four separate TRO statutes, and the right one depends on your relationship to the respondent and what they did.
- Domestic abuse (§ 813.12): Intentional physical harm, sexual assault, stalking, property damage, or threats of any of those. The parties must be adult family or household members, current or former spouses, adults in a current or former dating relationship, or adults who share a child.1Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions
- Harassment (§ 813.125): Conduct aimed at a specific person that serves no legitimate purpose and would make a reasonable person feel frightened, intimidated, or threatened. No relationship required.2Wisconsin State Legislature. Wisconsin Code 813.125 – Harassment Restraining Orders and Injunctions
- Child abuse (§ 813.122): Protects minors from physical harm, sexual abuse, or threats of either.
- Individual at risk (§ 813.123): Protects elder adults at risk and adults at risk from abuse, financial exploitation, neglect, harassment, or stalking. Someone acting on the individual’s behalf, or an at-risk agency, can file.3Wisconsin State Legislature. Wisconsin Statutes 813.123 – Restraining Orders and Injunctions for Individuals at Risk
Under any of the four, the judge needs reasonable grounds to believe the conduct occurred or is likely to recur. A general sense of unease will not clear that bar.
Writing a Petition That Gets Signed
Each category has its own form. Domestic abuse uses Form CV-402;4Wisconsin Court System. Circuit Court Forms – CV-402 harassment uses Form CV-405.5Wisconsin Court System. Circuit Court Forms – CV-405 Both are available at any Clerk of Circuit Court office or on the Wisconsin Court System website. On the form, check the box requesting ex parte or temporary relief. That tells the court you need emergency review without notice to the other side.
The statement of facts is what the judge actually reads. Give it in chronological order. Include dates, locations, and what the respondent specifically did or said. Petitions that lean on general language like “he’s been threatening me for months” without pinning down particular incidents routinely get denied. If you have police reports, medical records, photos of injuries, or screenshots of messages, reference them in your statement and attach copies.
You also need the respondent’s full legal name and a current address so the sheriff can serve them. A physical description helps.
Filing, Fees, and Same-Day Review
File the originals with the Clerk of Circuit Court in the county where you live or where the abuse happened. Domestic abuse and child abuse petitions carry no filing fee. Harassment and individual-at-risk petitions cost $164.50, and a fee waiver is available for financial hardship.6Wisconsin Court System. Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Tables
After the clerk processes the paperwork, a judge or court commissioner reviews it in chambers. There is no hearing at this stage. If the sworn facts meet the legal threshold, the judge signs the TRO on the spot. If not, the petition is denied, though you can still pursue a standard injunction with advance notice to the respondent.
What the Order Actually Does
The specific restrictions depend on the statute and what the judge chooses to include. A domestic abuse TRO typically orders the respondent to avoid your residence, stay away from your workplace, and have no contact with you. In child abuse cases, the order can bar contact with the child and keep the respondent away from wherever the child is staying. The court can also direct a sheriff to accompany you back to your home to recover possession if you’ve been displaced.1Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions
The order binds only the respondent. If you contact the respondent yourself or invite them back, you have not technically violated anything, and the statute is explicit that petitioner-initiated contact does not void the order. But a judge deciding whether to grant a long-term injunction will notice that pattern, and it can undercut your case.7Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions
Getting the Respondent Served
A signed TRO is not enforceable until the respondent has been formally served. The clerk sends the TRO and petition to the sheriff, who handles service at no additional cost in domestic abuse cases. A deputy must personally deliver the documents. You can also hire a private process server at your own expense.1Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions
Give the sheriff everything that helps: home and work addresses, vehicle description, work schedule, places the respondent tends to be. Thorough information often decides whether service happens in a day or drags on for weeks.
The 14-Day Injunction Hearing
The court must hold the full injunction hearing within 14 days of issuing the TRO, and this deadline applies to all four categories.8Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions If the respondent has not been served in time despite diligent efforts, the court can extend the TRO once for another 14 days. The parties can also agree in writing to push the hearing further out.
This is where the case turns adversarial. Both sides can present testimony, call witnesses, and introduce evidence. The respondent can file a written response beforehand or respond orally at the hearing.1Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions Neither side is required to have a lawyer, though counsel helps on cross-examination.
If the judge finds sufficient grounds after hearing both sides, the TRO becomes a full injunction. If the evidence falls short, the TRO is dismissed and the restrictions end. Bring the same level of detail you put in the petition, and be ready to answer questions about it.
How Long an Injunction Lasts
A standard domestic abuse or harassment injunction lasts up to four years, based on what the petitioner requests.7Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions2Wisconsin State Legislature. Wisconsin Code 813.125 – Harassment Restraining Orders and Injunctions When it expires, the petitioner can request an extension without opening a new case, and the court must grant it if the petitioner states protection is still needed.
In more serious situations, the court can go longer:
- Up to 10 years when the judge finds a substantial risk that the respondent may commit homicide or sexual assault against the petitioner.
- Permanent when the respondent has been convicted of sexual assault and the petitioner was the victim. A permanent injunction can be modified later, but the burden shifts to the respondent to show cause.7Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions
Firearm Surrender
When a Wisconsin court issues a domestic abuse or harassment injunction, the judge can order the respondent to surrender all firearms within 48 hours of the hearing, either to the county sheriff or to a court-approved third party. A third party accepting the firearms must appear at the hearing, testify under oath that they’ve received them, and not be prohibited from possessing firearms themselves. Peace officers can keep their duty weapons while under an injunction.9Wisconsin State Legislature. Wisconsin Code 813.1285 – Firearm Surrender Procedures10Wisconsin State Legislature. Wisconsin Code 813.125 – Harassment Restraining Orders and Injunctions
Federal law adds a parallel prohibition. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying domestic violence restraining order cannot possess firearms or ammunition. The federal ban attaches after the injunction hearing where the respondent had notice and a chance to be heard, not to the initial ex parte TRO. Violating the federal ban is a separate felony from violating the state order.11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Penalties for Violating the Order
A respondent who knowingly violates a domestic abuse TRO or injunction faces a fine of up to $10,000, up to nine months in jail, or both.1Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions Enforcement is direct: if the respondent shows up, calls, or comes to your workplace after being served, call the police. Officers can confirm the active order in the system and arrest on the spot.
The violation is a criminal matter separate from the civil restraining order case. A conviction creates a criminal record that can affect custody, professional licensing, and immigration status.
If You Were the One Served
Being handed an ex parte TRO can feel blindsiding, and by design it is. The court signed the order without hearing your side. Your chance to respond is the injunction hearing, which must happen within 14 days. You can file a written response before the hearing or present your case orally at it.1Wisconsin State Legislature. Wisconsin Code 813.12 – Domestic Abuse Restraining Orders and Injunctions
Until then, comply with the order fully. A single violation gives the petitioner powerful evidence at the hearing and can result in criminal charges on top. If the petition contains false statements, bring evidence contradicting the specific claims. Judges sort through conflicting accounts constantly, and concrete evidence carries far more weight than general denials. If you can afford an attorney, consult one before the hearing.