Harassment Restraining Order
813.125

 

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.

A harassment restraining order may be granted regardless of relationship between the petitioner and the respondent.

The petitioner may be eligible if the s/he has been subjected to the following acts by the respondent:

  • Striking, shoving, kicking or otherwise subjecting the person to physical contact or attempts or threats to do the same, or;
  • Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

The respondent may be ordered to cease or avoid the harassment of another person.

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 granted, a permanent injunction hearing date will be scheduled within seven days. The respondent will be served notice of the petition and the hearing date.

If you feel you are 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 court may charge a filing fee and the sheriff's department may charge a service fee.

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