Dane County Clerk of Courts

Temporary Restraining Orders

More information on restraining orders can be found on the Wisconsin State Law Library restraining order legal topics page.

What is a Temporary Restraining Order?

A temporary restraining order is a court order issued to prevent contact between (the Petitioner) the person requesting the order and against (the Respondent) the person who is to not have contact with the Petitioner. There can only be one Petitioner and one Respondent per action.

If granted, the temporary restraining order is in effect until the time of an Injunction Hearing.

A restraining order referred to a juvenile (petition in juvenile court) means a respondent under 18 years of age. The age of the petitioner does not dictate whether or not the restraining order will be a juvenile action, rather it is the age of the respondent.

Printed copies of these forms are also available from the Dane County Law Library at no cost. Call (608) 266-6316 for more information.

Temporary Restraining Orders (TROs) take approximately 60 minutes to process. Please plan on arriving no later than 3:30 PM to ensure same-day issuance.

What types of Restraining Orders are available?

Harassment -Wisconsin Statute: 813.125
Domestic Abuse -Wisconsin Statute: 813.12 (all parties must be over 18 yrs. old)
Child Abuse -Wisconsin Statute: 813.122 (2 types)
Individual at Risk -Wisconsin Statute: 813.123
Juvenile Harassment -Wisconsin Statute: 48.25(6) and 813.125

Are there Restraining Order Fees?*

*All cases could have publication costs if no service can be obtained on the respondent. Please diligently fill in the Sheriff worksheet for service; this will save you time and money. Click link to view Dane County Sheriffs Civil Process and Fees.

Harassment: could have a $164.50 filing fee plus service fees (Unless conduct prohibited by Wisconsin §940.32 or §813.12)
Cases involving juveniles will be assessed Guardian ad Litem fees to be paid by parents/guardians of the juvenile. ($150 per parent up to $300.00 maximum is possible)
Domestic Abuse: No filing fees (all parties must be over 18 yrs. old)
Child Abuse No filing fees. Cases involving juveniles will be assessed Guardian ad Litem fees to be paid by parents/guardians of the juvenile.($150)
Individual at Risk: No filing fees
Juvenile Harassment: Each juvenile involved will be assessed Guardian ad Litem fees to be paid by parents/guardians of the juvenile.($150 each)

What if I cannot afford the fees?

See Fee Waiver section below

Forms Assistance

The following organizations may be able to provide assistance in filling out restraining order forms or provide other assistance for petitioners:

Domestic Violence Resources for Dane County
https://law.wisc.edu/eji/familycourt/dvresources.html

DAIS - Domestic Abuse Resourses for Dane County
2102 Fordem Ave
Madison, WI 53701
608-251-4445
Monday-Friday 8:30 -4:30
https://abuseintervention.org/help/legal-help/

District Attorney's Office - Domestic Violence Unit
215 S. Hamilton St. #3000
Madison, WI 53703-3297
Phone: (608) 266-9003
https://da.danecounty.gov/DA-Units/Domestic-Violence-Unit

VOCA Restraining Order Clinic
Law Library Dane County Court House
608-263-9574
https://law.wisc.edu/eji/voca/

Restraining Order Court Forms

Review the types of restraining orders. In order to obtain a restraining order:

Click link to view: Restraining Order Checklist

Click link to view: Restraining Order Checklist -Spanish

Click link to view E-filing Restraining Order Checklist

Click link to view E-filing Restraining Order Checklist - Spanish

E-filing step-by-step link. https://www.wicourts.gov/services/public/selfhelp/restord.htm

Click Go to Forms Assistant.

Choose which type of restraining order you need.

Download all of the forms listed below the correct category.
All forms must be compete and submitted to the court at time of filing.
Required forms for E-filed and paper filed are not all the same . See checklist.
Paper filing -Prepare to be at Clerk of Court’s Office at least 1 hour to process forms. The Clerk of Court’s Office closes promptly at 4:30 pm. Arrival by 3:30 pm is preferred. If arrival is too late, you may have to come back the next day to finish the process.
Follow all steps in the Checklist.
Forms go to different agencies. Each agency needs completed forms or your case may not progress and you may incur costs.
Cases involving a juvenile will have GAL fees assessed. See fees.
If you need assistance with your forms please see Forms Assistance.
VINE Protective Order Flyer (Provides notification to petitioner when the respondent is served.) Juvenile cases will not show up in Vine.

Types of Restraining Orders

Harassment (Against an Adult 18 yrs. or older)

CV-405 Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment)

Temporary Restraining Order Fact Sheet

CV-406 Temporary Restraining Order and Notice of Injunction Hearing (Harassment)

CV-502 Confidential Address Information

Restraining Order Information Sheet for Guardian Ad Litem (GAL)

(This is only if a minor is a party on the case.)

CV-420 Respondent's Information for Sheriff to Effect Service

(Sheriff's Office needs form completely filled out to assist with service of respondent.)

CV-801 Petitioner’s Statement of Inventory of Possession of Firearms Petitioner fill out (Optional)

CV-804 Information for Respondents Regarding the Surrender and Return of Firearms (Must print and include for Respondent)

CV-800 Respondent's Statement of Possession of Firearms (Must print and include for Respondent)

CV-432 Notice of Firearm Possession Penalties (Must print and include for Respondent)

Domestic Abuse*

*The Petitioner and Respondent must both be 18 years of age or older to qualify for a Domestic Abuse Restraining Order.

CV-402 Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse)

CV-403 Temporary Restraining Order and Notice of Injunction Hearing (Domestic Abuse)

Temporary Restraining Order Fact Sheet

CV-502 Confidential Address Information

CV-420 Respondent's Information for Sheriff to Effect Service

(Sheriff's Office needs form completely filled out to assist with service of respondent.)

CV-801 Petitioner’s Statement of Inventory of Possession of Firearms Petitioner fill out (Optional)

CV-804 Information for Respondents Regarding the Surrender and Return of Firearms (Must print and include for Respondent)

CV-800 Respondent's Statement of Possession of Firearms (Must print and include for Respondent)

CV-432 Notice of Firearm Possession Penalties (Must print and include for Respondent)

Child Abuse when the respondent is an adult AND when the minor victim is not involved in a CHIPS action.

(When the party against whom the petition is filed/the minor is to be protected from is 18 years or older AND when the minor victim is not involved in a Children in Need of Protection or Services action.)

CV-412 Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse)

Temporary Restraining Order Fact Sheet

CV-413 Temporary Restraining Order and Notice of Injunction Hearing (Child Abuse). Only for paper filers.

CV-502 Confidential Address Information

CV-420 Respondent's Information for Sheriff to Effect Service

(Sheriff's Office needs form completely filled out to assist with service of respondent.)

Restraining Order Information Sheet for Guardian Ad Litem (GAL)

GF-150 Uniform Child Custody Jurisdication and Enforcement Act Affidavit, UCCA (Uniform child custody affidavit)

This form should be filed in child abuse cases if the respondent is the parent or legal Guardian of the child, or has court-ordered visitation.

CV-801 Petitioner’s Statement of Inventory of Possession of Firearms Petitioner fill out (Optional)

CV-804 Information for Respondents Regarding the Surrender and Return of Firearms (Must print and include for Respondent)

CV-800 Respondent's Statement of Possession of Firearms (Must print and include for Respondent)

CV-432 Notice of Firearm Possession Penalties (Must print and include for Respondent)

Child Abuse when the respondent is a minor OR when the minor victim is involved in a CHIPS action.

(When the party against whom the petition is filed/the minor is to be protected from is under 18 years old OR when the minor victim is involved in a Children in Need of Protection or Services action.)

JC-1690 Petition in Juvenile Court for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse)

Temporary Restraining Order Fact Sheet

JC-1691 Temporary Restraining Order and Notice of Injunction Hearing (Child Abuse) Only for paper filers.