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How to Get a Domestic Abuse Restraining Order in Wisconsin

Wisconsin restraining order process explained for survivors.

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LEGAL & SAFETY OPTIONS

Understanding Protection Orders in Canada

From Temporary Order to Full Hearing

In many parts of Canada, courts can make a quick, short-term protection order and then later hold a fuller hearing with both sides present. The exact names vary by province or territory (for example, “emergency protection order,” “restraining order,” “intervention order”), but the basic idea is similar.

Step 1: Temporary or Emergency Order

A temporary or emergency order is usually meant to provide quick safety measures when there are concerns about immediate or urgent harm. Depending on the region, it may be:

Requested without the other person being there (often called ex parte or without notice)
Granted by a judge, justice of the peace, or designated official
Issued the same day or very shortly after an application is made

This type of order usually lasts only a short time, until the court can schedule a more complete hearing.

Step 2: Service of the Order

After the temporary order is made, it generally needs to be formally “served” on the other person so they know about it and about the next court date. Service is usually done by:

Police or a sheriff
A professional process server
In some places, another adult who follows the service rules

Once the order is served, the other person is expected to follow it, even if they disagree with it. They can usually attend the later hearing to respond.

Service rules and timelines can be different in each province or territory. Local legal clinics or duty counsel at the courthouse can explain how service usually works in your area, but they cannot guarantee outcomes.

Step 3: Full Hearing

A full hearing is usually scheduled soon after the temporary order is granted. At that hearing:

Both sides have an opportunity to speak to the judge or present information
A judge reviews the situation in more detail
The court decides whether to:
- End the temporary order
- Change its terms
- Turn it into a longer-term protection order

People may represent themselves or ask a lawyer to represent them. In some courts there may be duty counsel who can give brief legal information or advice on the day of the hearing, if they are available.

Who May Qualify for a Protection Order

Eligibility rules are not identical across Canada, but courts generally look at:

The relationship between the people involved (for example, current or former intimate partners, family members, sometimes roommates)
Whether there are concerns about family violence, threats, stalking, or harassment
How recent and serious the behaviour is
Any risks to children or other dependants

Some regions have laws that only cover family or intimate partner relationships. Others allow orders in a wider range of situations.

To find out who qualifies for a protection order where you live, you can contact a community legal clinic, legal information line, or a local family law information centre. These services usually provide general information but do not promise specific results.

Types of Relief That May Be Available

“Relief” means what the order can require or prevent. The exact options differ by province or territory, and by the law used (family law, specific protection order legislation, or criminal law). Common examples of relief in civil or family protection orders can include:

No contact: The other person must not contact you by phone, text, social media, or through others (except as allowed in the order).
Stay-away conditions: The other person must stay a certain distance away from you, your home, work, or school.
Exclusive possession of the home: In some situations, the order may say that only one person can stay in the shared home.
Limits related to children: For example, supervised contact or setting conditions for pick-ups and drop-offs, if the court has that authority in your area.
Weapons conditions: The order may limit access to firearms or other specified items, especially where safety concerns are identified.
Other tailored conditions: The court may add conditions it believes are necessary and allowed by local law to reduce risk.

Criminal no-contact and bail conditions (set in criminal court) are separate from civil or family protection orders, but they can have similar no-contact or stay-away terms. A person may sometimes have both types at the same time.

It can be helpful to think about what specific conditions might reduce risk in your situation. A legal clinic, duty counsel, or a support worker may help you review possible conditions in a way that maintains your safety.

Duration Basics

How long a protection order lasts depends on the type of order and where it is made. In general:

Emergency or temporary orders are usually short-term, sometimes only days or weeks, and normally last until the next court date.
Longer-term protection orders may last months or years, or until a set expiry date.
Some orders can be renewed, varied, or cancelled by going back to court, depending on local laws.
Criminal no-contact conditions usually last until the criminal case ends, or as part of a sentence or probation order.

Breaking a court order can have serious legal consequences. Police or a lawyer can explain possible criminal or court responses, but they cannot guarantee how a specific situation will be handled.

If you are unsure whether an order is still in effect, you can ask at the courthouse where it was made or speak with a legal information service in your region. Keep a copy of any order with you when possible.

For additional information on safety planning and support services across Canada, you can review resources listed at DV.Support. These resources are separate from the courts and are not a replacement for legal or emergency services.