Domestic Violence Protection Order - Wisconsin

Before use: This proposed injunction takes effect only if issued by the court after the petition, notice, and hearing required by Wis. Stat. § 813.12(4). Use the court's current form if the court requires one.

STATE OF WISCONSIN

[COUNTY] COUNTY CIRCUIT COURT – FAMILY DIVISION

Case No. [___]

DOMESTIC ABUSE INJUNCTION AND PROTECTION ORDER
(pursuant to Wis. Stat. § 813.12)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Prohibited Conduct
   3.2 Stay-Away & No-Contact Radius
   3.3 Firearms & Dangerous Weapons Surrender
   3.4 Law-Enforcement Assistance
   3.5 Separate Family-Order Record
   3.6 Duration & Expiration

4. Findings (Representations & Warranties)

5. Enforcement, Violation & Penalties
6. Modification, Extension & Termination
7. General Provisions
8. Execution & Service Block

1. DOCUMENT HEADER

This matter came before the Court on [HEARING DATE] on the verified petition of [PETITIONER LEGAL NAME] (“Petitioner” or “Protected Party”) against [RESPONDENT LEGAL NAME] (“Respondent”).
Having reviewed the pleadings, heard testimony, and being fully advised, the Court ORDERS as follows, effective [EFFECTIVE DATE] and subject to the terms herein.

2. DEFINITIONS

For purposes of this Order, capitalized terms carry the meanings set forth below:

“Abuse” – Conduct defined as domestic abuse in Wis. Stat. § 813.12(1)(am), including intentional infliction of physical pain, injury, or illness, sexual assault, stalking, intentional damage to the Petitioner’s property, or a threat to engage in any such conduct.

"Firearm" – Any weapon that expels a projectile by action of an explosive; includes ammunition.

“Prohibited Contact” – Direct or indirect contact of any kind, including but not limited to in-person contact, telephone calls, text messages, e-mails, social media interactions, third-party communications, gifts, and surveillance.

“Protected Address(es)” – The residential, school, childcare, or employment locations listed in Exhibit B or subsequently designated in writing by Petitioner.

“Stay-Away Radius” – A distance of ☐ feet/yards/miles from any Protected Address.

3. OPERATIVE PROVISIONS

3.1 Prohibited Conduct

a. Respondent shall not commit or threaten to commit Abuse against Petitioner.
b. Respondent shall refrain from all Prohibited Contact with Petitioner.

3.2 Stay-Away & No-Contact Radius

a. Respondent shall remain outside the Stay-Away Radius of any Protected Address.
b. Incidental contact in public places within the Stay-Away Radius must be avoided; if unavoidable, Respondent shall immediately depart.

3.3 Firearms & Dangerous Weapons Surrender

a. Pursuant to Wis. Stat. §§ 813.12(4m) and 813.1285, Respondent shall surrender firearms Respondent owns or possesses to the sheriff of [COUNTY] County (or the county where Respondent resides), or to a person designated by Respondent and approved by the Court, in accordance with § 813.1285. Surrender to an approved person requires the testimony, findings, and approval specified in § 813.1285(3)(a)1.; surrender to a sheriff is due no later than 48 hours after the injunction hearing under § 813.1285(3)(a)2., with the receipt filed as required by § 813.1285(6)(b). Any required firearm surrender hearing addresses compliance and further surrender orders under § 813.1285(3)(b).
b. Respondent is prohibited from acquiring or possessing Firearms while this Order remains in effect.

3.4 Law-Enforcement Assistance

a. Petitioner may request law-enforcement assistance when retrieving personal effects or using the residence, subject to any separate court order and current law. This injunction does not direct custody transfers.
b. Under Wis. Stat. § 813.12(7)(am), an officer shall arrest and take Respondent into custody when the officer has a copy of this Order or confirms its existence with appropriate authorities and has probable cause to believe Respondent violated it.

3.5 Separate Family-Order Record

This injunction makes no award of legal custody, physical placement, parental decision-making, child support, or maintenance. An existing order on those matters, if any, is entered in case [CASE NUMBER / NONE]. A party may request temporary family relief in an action affecting the family under Wis. Stat. § 767.225.

3.6 Duration & Expiration

This injunction shall remain in effect until [EXPIRATION DATE], for the period the Petitioner requests but not more than four (4) years (Wis. Stat. § 813.12(4)(c)), except that the Court may order it in effect for up to ten (10) years upon finding, by a preponderance of the evidence stated on the record, a substantial risk that Respondent may commit first- or second-degree intentional homicide or sexual assault against the Petitioner (§ 813.12(4)(d)).
The Court issues this injunction after the petition, notice, and hearing required by Wis. Stat. § 813.12(4)(a). A Respondent who did not appear but was served with the petition and hearing notice has constructive knowledge of the injunction under § 813.12(7)(c), even if not served with the injunction itself. Criminal liability under § 813.12(8)(a) requires a knowing violation.

4. FINDINGS (REPRESENTATIONS & WARRANTIES)

The Court expressly finds:

1. Jurisdiction & Venue. This Court has subject-matter jurisdiction under Wis. Stat. § 813.12 and personal jurisdiction over the parties.
2. Relationship. The parties are/were [spouses/former spouses/parent of a common child/cohabiting/dating], satisfying Wis. Stat. § 813.12(1)(am), (b), or (c).
3. Domestic Abuse Occurred. Respondent has engaged in Abuse as defined by statute.
4. Immediate Danger. Without the relief herein, Petitioner is at risk of continued Abuse.
5. Least-Restrictive Means. The restraints imposed are narrowly tailored to protect Petitioner while respecting Respondent’s rights.

5. ENFORCEMENT, VIOLATION & PENALTIES

1. Criminal Penalties. Violation of this Order constitutes a violation under Wis. Stat. § 813.12(8)(a) punishable by a fine of up to $10,000 and/or up to 9 months’ imprisonment (a Class A misdemeanor).
2. Civil Contempt. The Court may impose fines, imprisonment, or other sanctions for contempt.
3. Full Faith & Credit. This Order is enforceable in all 50 states, D.C., tribal lands, and U.S. territories pursuant to 18 U.S.C. § 2265.
4. Notice to Respondent. Receipt of certified copy, personal service, or actual notice is sufficient for enforcement.

6. MODIFICATION, EXTENSION & TERMINATION

1. Modification. Either party may move, with notice to the other, to modify terms; relief shall be granted only upon a showing of good cause and continued necessity.
2. Extension. Under Wis. Stat. § 813.12(4)(c), when an injunction expires the Court shall extend it if the Petitioner states that an extension is necessary to protect the Petitioner; the extension remains in effect until four (4) years after the date the Court first entered the injunction (or up to ten (10) years under § 813.12(4)(d)).
3. Early Termination. Upon joint stipulation or Petitioner’s written request and Court approval, the injunction may be vacated.

7. GENERAL PROVISIONS

1. Severability. If any provision is held invalid, the remainder shall remain in full force.
2. Governing Law. This Order is governed by Wisconsin law.
3. No Waiver. Failure to enforce any provision does not waive future enforcement.
4. Notice of Federal Restrictions. Respondent is advised that possession of firearms while subject to this Order may violate 18 U.S.C. § 922(g)(8).
5. Record Confidentiality. Petitioner’s address shall remain confidential and may not be disclosed in the petition or Order per Wis. Stat. § 813.12(5m).

8. EXECUTION & SERVICE BLOCK

Issued at [City], Wisconsin on [DATE].

_______________________________________
[PRINTED NAME], Circuit Court Judge
Branch ☐, [County] County Circuit Court

(Court Seal)

Respondent Acknowledgment of Receipt

I, [RESPONDENT NAME], hereby acknowledge receipt of a certified copy of this Order on [DATE/TIME].

_______________________________________
Signature of Respondent

Certificate of Service

I certify that a true and correct copy of this Order was served upon Respondent by [method] on [DATE/TIME].

_______________________________________
Name & Title of Serving Officer

EXHIBIT B – Protected Addresses

[Residence, school, employer, daycare, other critical locations]

EXHIBIT C – Visitation / Placement Schedule (if applicable)

[Detailed schedule]