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Restraining Order

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Petition for Temporary Restraining Order and/or Injunction (Domestic Abuse)

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY For Official Use

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Petitioner:

Date of Birth:

-VS-

Respondent:

Address:

Petition for Temporary
Restraining Order
and/or Injunction
(Domestic Abuse – 30709)

Case No.

Respondent’s:

Under oath, I petition the court for a temporary restraining order and/or injunction against the respondent under §813.12, Wisconsin Statutes, based upon the following:

1. I am a. an adult petitioner.
b. the guardian of an adult incompetent person (ward). (Attach Letters of Guardianship)

For guardians, all references to “I” or “me” below refer to the ward.

2. The adult respondent is (Mark any of the following boxes that apply):

a. a spouse, former spouse, parent, child, or a person related by blood or adoption to me.

b. a person currently or formerly residing in a place of abode with me.

c. a person with whom I have a child in common.

d. a person who provides in home or community care for me.

e. a person with whom I have or had a dating relationship.

3. (Mark any of the following boxes that apply.)

a. I am not married to the respondent.

b. Respondent owns the property on which I am living.

c. I have no legal interest in this property.

4. I am am not in imminent danger of physical harm.

5. Stated below or attached as part of this petition is a statement of facts indicating that respondent has engaged in, or based on prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.

(Domestic abuse is defined in §813.12(1)(am), Wisconsin Statutes, 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.)

(State when, where, what happened, and who did what to whom:) See attached.

I REQUEST THAT THE COURT: (Mark any of the following boxes that apply.)

1. Issue a temporary restraining order requiring the respondent to:

a. refrain from committing acts of domestic abuse against me.

b. avoid my residence and any location temporarily occupied by me.

c. avoid contacting me and causing any other person except a party’s attorney or law enforcement officer to have contact with me in any way.

d. Other:

2. Set a time for a hearing on the petition for an injunction requiring the respondent to:

a. refrain from committing acts of domestic abuse against me.

b. avoid my residence and any location temporarily occupied by me.

c. avoid contacting me and causing any other person except a party’s attorney or law enforcement officer to have contact with me in any way.

d. Other:

3. Grant an award in a reasonable amount for the costs of maintaining this action and attorney fees, if deemed appropriate, and such other relief as may be just and equitable.

4. Direct the sheriff to serve and assist in executing this Temporary Restraining Order.

5. Direct the sheriff to accompany the petitioner and assist in placing the petitioner in physical possession of his or her residence.

6. Enter an injunction for four years or the following shorter period:

Distribution:

1. Court – Original
2. Petitioner
3. Respondent
4. Law Enforcement

Subscribed and sworn to before me

on

Notary Public, State of Wisconsin

My commission expires:

Signature of Petitioner/Guardian

Date

CV-402, 08/02 Petition for Temporary Restraining Order and/or Injunction (Domestic Abuse) §813.12, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

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What a Restraining Order Is and when it applies

A restraining order is a court-issued legal instrument that directs one person to stop specified conduct toward another and to maintain distance or cease contact. Commonly used in domestic violence, stalking, harassment, and workplace protection matters, it can be issued on an emergency (ex parte) basis or after a full hearing. Remedies vary by jurisdiction and may include temporary orders, longer-term protection, and additional terms such as custody or possession of property. Filing procedures, eligibility standards, and available relief differ by state and local court rules.

Why a properly completed Restraining Order matters

A correctly prepared restraining order preserves legal protections, speeds court review, and reduces the risk of dismissal for procedural defects. Accurate facts and supporting evidence support emergency relief and long‑term enforcement. Courts treat errors in party names, service, or timing as grounds for denial or delay, so clear, complete documentation and proper filing are essential for enforceability and public safety.

Why a properly completed Restraining Order matters

Who typically prepares or files a Restraining Order

Petitioners, their attorneys, and court clerks commonly prepare restraining orders; each has distinct responsibilities when completing forms and arranging service.

  • Self-represented petitioner — files the petition, provides evidence, and coordinates service.
  • Family law or criminal defense attorney — drafts petitions, handles hearings, and advises on remedies.
  • Court clerk or victim advocate — assists with local forms and explains fee waiver procedures.

Regardless of who completes the form, accuracy in names, dates, and factual allegations plus proof of service are critical to securing enforceable relief.

Typical signatories and their roles

Petitioner

The person seeking protection. Must provide sworn facts about incidents, contact information, and supporting evidence. In many jurisdictions the petitioner must appear at the ex parte hearing or ensure counsel does so.

Judge / Commissioner

A judicial officer who reviews emergency requests and hears contested matters. The judge issues temporary or final orders and sets terms for enforcement, duration, and any related remedies.

Essential data elements to include

Full legal names: Exact legal name
Dates of incidents: MM/DD/YYYY format
Addresses: Street, city, state, ZIP
Contact info: Phone and email
Description of conduct: Concise factual summary
Requested relief: Specific prohibitions

Legal risks if the order is incorrect or incomplete

Dismissal: Court may deny relief
Contempt: Enforcement penalties possible
Perjury: False statements can trigger charges
Service Failure: Order unenforceable until served
Jurisdiction Error: Wrong venue undermines validity
Privacy Exposure: Sensitive data mishandled

Common mistakes to avoid when preparing the petition

  • Using an informal name instead of the respondent's legal name, which can create service and enforcement problems.
  • Failing to attach supporting evidence dates or police reports, leaving the petition unsupported at an ex parte hearing.
  • Neglecting to request necessary relief in the initial petition, requiring later amendment or additional court appearances.
  • Not verifying local court form versions and instructions, causing rejection or delays at intake.

Step-by-step: completing a Restraining Order petition

Follow these core steps to prepare and submit a petition for a restraining order; exact local steps may vary by court.

  • 01
    Collect facts: Document dates, times, witnesses, and injuries.
  • 02
    Complete form: Enter full names, addresses, and requested protections.
  • 03
    Attach evidence: Include photos, messages, and police reports.
  • 04
    File and serve: File at court and arrange service on the respondent.

Overview: the court review and enforcement process

A typical restraining order workflow moves from petition to hearing to issuance and enforcement; timelines differ for emergency and full hearings.

  • Intake: Court clerk files and assigns hearing.
  • Ex parte review: Judge may issue temporary relief without respondent present.
  • Notice and service: Respondent receives paperwork per local rules.
  • Full hearing: Judge considers evidence and issues final order.

Core sections found in a professional restraining order form

Standard forms are organized to capture identity, factual allegations, requested relief, and procedural information needed by the court for immediate review and long‑term enforcement.

Caption

Court name, case number, parties — establishes venue and case identity for enforcement and public records.

Petitioner details

Full legal name, contact, and any protected address designation to support safety accommodations.

Respondent details

Full legal name, known addresses, vehicle descriptions, and employer information to enable proper service and enforcement.

Factual allegations

Chronological, specific incidents with dates and witnesses to support emergency or permanent relief.

Requested orders

Specific prohibitions, stay-away distances, no-contact terms, and any custody or property directives requested.

Verification

Petitioner signature under penalty of perjury, date, and space for judicial signature and return of service.

Configuring an online submission workflow

When filing electronically, set up fields and routing to match court requirements and to capture audit information for enforcement.

Field Configuration
Petitioner signature Require signature field + date stamp
Evidence upload Allow PDF/JPG attachments, label as exhibits
Routing Auto-send to court clerk and petitioner
Authentication Email + optional SMS code for signer verification

Technology needs for secure electronic filing and signing

Use a platform that supports PDF and Word uploads, audit trails, and integrations with case management to streamline filings.

  • File formats: PDF and DOCX supported
  • Integrations: Works with Netsuite, Salesforce, Box
  • Security: AES‑256 at rest, TLS in transit

Platforms with detailed audit trails, optional advanced signer authentication, and RON-compatible notarization workflows simplify compliance with local court and evidence requirements.

Typical timelines and deadlines to expect

Timing differs by jurisdiction; these common timelines describe how emergency and full proceedings generally progress.

Ex parte hearing:

Often within 24–72 hours after filing in many courts

Service on respondent:

Typically required before a final hearing — timeline varies by method

Final hearing:

Scheduled days to weeks after temporary order

Order duration:

Temporary orders last until final hearing; permanent orders vary by state

Appeal window:

Varies by jurisdiction — check local rules

Key milestones from filing to final order

Track these sequential milestones to monitor case progress and enforcement readiness.

01

File petition

Petitioner submits form and evidence to court clerk.

02

Temporary order issued

Judge may grant immediate relief ex parte.

03

Service completed

Respondent is formally served per local rules.

04

Final hearing decision

Judge issues, modifies, or denies long‑term protection.

Comparing eSignature options for court forms and evidence collection

Basic vendor pricing and feature signals relevant to filing and evidence workflows; choose platforms that support required authentication and audit trails.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/yr Varies Varies Varies

Frequently asked questions about filing and enforcing a Restraining Order

Answers to common questions about validity, service, electronic filing, and enforcement; consult local court rules for jurisdictional specifics.


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