No. The petitioner cannot violate a restraining order in Wisconsin, because the order restrains only the respondent. A petitioner who calls, texts, or visits is not breaking the order. But the respondent who responds can still be arrested, because the order stays valid even when the petitioner allows or starts the contact.
Under Wis. Stat. § 813.12, a domestic abuse temporary restraining order or injunction may be entered only against the respondent named in the petition, and no injunction may be issued against the petitioner under the same case number. Harassment orders likewise may be entered only against the respondent. That is why the petitioner cannot violate a restraining order in Wisconsin: the order places no duties on the petitioner.
The respondent carries the risk. An injunction is not voided if the petitioner allows or initiates contact, or if the respondent is let into a home the order says to avoid. The no-contact term applies unless the petitioner consents in writing. Wisconsin’s injunction forms warn respondents that a violation will result in arrest and can bring criminal penalties. If you are the petitioner and the other person is breaking the order, see what to do if your ex-spouse violates a restraining order.
There are no mutual orders in a single case. If both people want protection, each must file a separate petition and prove their own case, because the court cannot issue an injunction against the petitioner in the respondent’s case. Compare the types of restraining orders available during a Wisconsin divorce before filing.
A petitioner who wants contact again should ask the court that issued the order to modify or vacate it rather than simply resuming contact. For a domestic abuse injunction, the court may not modify the order based solely on the respondent’s request. Until a new order is signed, every original term stays in force. If you are the respondent, do not answer calls or messages or agree to meet, even when the petitioner reaches out, and save those messages for your attorney. The steps for getting and changing an order are explained in how to get a restraining order against your spouse in Wisconsin.
Renier Hotopp Law Offices advises both petitioners and respondents who ask whether the petitioner can violate a restraining order in Wisconsin, through its restraining order attorney services. Learn more about the firm.
