When is Curfew for Children in Wisconsin

Many parents think of a curfew as a household rule, requiring children to be home by a certain time and to send a text if plans change.

However, in some Wisconsin communities, staying out too late can lead to a citation for the child and sometimes even the parent.

Is There a Statewide Curfew for Minors in Wisconsin?

Wisconsin law does not provide a statewide curfew for minors.

However, cities, villages, towns, and counties may adopt their own curfew ordinances. As a result, the extent of these laws, including the covered ages, hours, locations, exceptions, and penalties, can vary from one community to the next.

Parents should check the law in the community where the child will be, not merely where the family lives, as a child may leave home under one community’s curfew rules and enter another municipality with different ones.

Where Do Curfew Rules Usually Apply?

Curfew rules usually apply in public places such as streets, sidewalks, parks, parking areas, public buildings, and businesses. Some also apply when a minor is sitting in a vehicle parked in a public place.

A child does not always have to be causing trouble to violate curfew. Depending on the wording of the ordinance, simply being in one of these places during restricted hours may be enough.

What Are the Common Exceptions to Curfew?

Depending on the local ordinance, a child may be out during curfew hours if the child is:

• With a parent, guardian, or approved adult;
• Traveling directly to or from work;
• Attending a school or religious activity;
• Going to or returning from an organized event;
• Responding to an emergency;
• Completing an errand for a parent, or
• Exercising constitutional rights involving speech, religion, or peaceful assembly.

The exact exceptions vary by community, and an exception available in one may not exist in another. For that reason, permission from a parent may not be enough by itself. A text saying, “You can stay out until midnight,” does not override a law that requires the child to be with an adult or to be traveling for a specific reason.

Activity-based exceptions may also be limited to direct travel. For example, a work exception may protect a teenager driving straight home after a late shift but not the same teenager who stops to meet friends for an hour before driving home.

Can a Parent Be Cited When a Child Breaks Curfew?

Parents can be cited under many Wisconsin curfew laws, but they are not responsible by default every time a child stays out too late.

Whether a parent can be cited depends on the wording of the local ordinance and the parent’s own conduct. Some rules apply when a parent knowingly allows a violation, fails to take reasonable steps to prevent one, or does not exercise reasonable control over the child.

Milwaukee, for example, prohibits permitting a violation or allowing one through “inefficient control.” Milwaukee Code of Ordinances § 106-23(2). Green Bay prohibits knowingly permitting or failing to take action to prevent a violation. Green Bay Municipal Code § 26-41(b)(1).

The key question is what a parent knew and what they actually did. A parent who gives a teenager permission to ignore curfew is in a different position from one whose child sneaks out.

Some ordinances protect parents who report a missing child before police find the child. Milwaukee’s ordinance, for instance, states that a parent who made a missing-person report will not be treated as having allowed the curfew violation. Milwaukee Code of Ordinances § 106-23(2).

What Happens After a Curfew Violation?

Police responses to curfew violations vary. An officer may give the child a warning, call a parent, direct the child to go home, or issue a citation. In some situations, the officer may temporarily take the child into custody.

That may happen when the local curfew law carries a fine, and the officer reasonably believes the child broke the law. Wis. Stat. § 938.19(1)(d)8.

Temporary custody does not mean the child is being taken to jail. The officer must make every effort to promptly turn the child over to a parent, guardian, or legal custodian. If none is available, the child may be released to another responsible adult. Wis. Stat. § 938.20(2)(ag)–(b).

Breaking a local curfew is a violation of local law, not a crime. If the court finds that a child violated curfew, it may impose a civil fine, legally called a forfeiture. Wis. Stat. § 938.343(2).

Can Curfew Violations Affect Legal Custody or Physical Placement?

Curfew violations may become relevant in a dispute between parents, particularly when they suggest an ongoing problem with supervision. One incident, however, is unlikely to decide where a child lives or how much time the child spends with each parent.

Wisconsin uses “legal custody” to describe who makes major decisions for a child and “physical placement” to describe when the child is in each parent’s care. Courts decide these matters by considering the child’s best interests. Relevant factors include the parents’ communication and cooperation, whether each parent supports the child’s relationship with the other parent, the child’s needs, and any other facts the court considers relevant. Wis. Stat. § 767.41(5)(am)3.–4., 9., 14.

Repeated curfew violations may carry more weight, especially when they suggest poor supervision or ignored police warnings. Their significance also depends on the surrounding circumstances. A parent who searches for a missing child and contacts police is in a very different position from one who allows the child to stay out night after night.

Impact on Existing Court Orders

Even when repeated violations raise concerns, an existing custody or placement order does not change automatically. During the first two years after the final judgment, a parent seeking a major change generally must provide substantial evidence that the current arrangement is physically or emotionally harmful to the child. Wis. Stat. § 767.451(1)(a).

After those two years, a parent seeking a major change generally must show that circumstances have substantially changed and that the proposed modification is in the child’s best interests. Wis. Stat. § 767.451(1)(b)1.

Regardless of timing, the court considers the custody and placement factors discussed above. Wis. Stat. § 767.451(5m)(a).