Child Abuse Restraining Order 813.122 Wisconsin offers three types of restraining orders to protect persons who are in fear of being harmed or have been harmed by another person. Restraining orders may help send the message to an individual that their abusive behavior may result in an arrest and criminal charge. The person who asks for a restraining order is called the petitioner and the abusive person to whom the order is being issued against is the respondent. The major differences in the orders include: 1) the relationships between the petitioner and respondent and 2) the type of remedy the court may grant. A child abuse restraining order may be granted to protect a person under the age of eighteen. A parent, step parent or legal guardian may act as petitioner for the child. A child may be eligible for a restraining order if the child has been subjected to: physical injury inflicted by other than accidental means; sexual intercourse or sexual contact or sexual exploitation; exposing genitals or pubic area; permitting, allowing or encouraging the child victim to act as a prostitute; causing the child victim to view or listen to sexual activity; emotional damage for which the child victim's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to relieve the symptoms. The petitioner in a child abuse restraining order may ask the court for the following reliefs: the respondent avoid the child's residence or any premise temporarily occupied by the child; the respondent avoid contacting the child. The restraining order procedure has two parts; a temporary order which is effective for seven to fourteen days and a permanent restraining order which is effective for up to two years. You may secure the paper work necessary to file the order at the county clerk of courts office. A petition may be filed without the involvement of an attorney. A temporary order may be granted without the presence of the respondent. If the temporary granted, a hearing date will be scheduled within seven days. The respondent will be served notice of the petition and the hearing date. At the permanent injunction hearing the petitioner and the respondent will be given the opportunity to testify as to what happened. If the court grants the permanent order, it is effective for up to two years. If you feel the child victim is not in imminent danger you may ask for a permanent injunction without filing for a temporary order. The court will provide a hearing date and the respondent will be served with a copy of the petition and notice of hearing. The clerk of courts office may require a fee to file and the sheriff's department may require a fee to serve child abuse restraining orders. This brief summary is meant to provide an overview. It is best to contact a child abuse, sexual assault or domestic abuse program for more information before filing a child abuse restraining order. Developed by Kathleen Kreneck, Policy Development Specialist, Wisconsin Coalition Against Domestic Violence