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Know the Laws: Wisconsin

UPDATED June 22, 2017

Harassment Restraining Order

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A harassment restraining order can be issued for victims of harassment as well as other types of abuse.  You may qualify for a harassment restraining order if you are the victim of threatened or actual unwanted physical contact, physical abuse, sexual assault, stalking, or harassment.  The order can be issued regardless of your relationship to the person.

Getting the order

back to topWho is eligible to file for a harassment restraining order? Can a minor file?

Anyone who is being physically or sexually abused, stalked, threatened, and/or harassed or intimidated repeatedly with no legitimate (valid) purpose by another person is eligible to file for a harassment order.*

If the victim of harassment is a minor (under age 18), the minor can file on his/her own or the minor's parent, step-parent, or legal guardian can file on the minor's behalf.**  The judge may appoint a guardian ad litem to represent the minor, but appointment of a guardian ad litem is not necessary for a child victim to petition for a harassment restraining order.***

* See Wis. Stat. § 813.125(1) 
** Wis. Stat. §§ 813.125(2)(b), 813.122(1)(b)
*** Wis. Stat. § 813.125(2g),(2)(b)

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back to topWhat are the steps for getting a harassment restraining order?

The steps for getting a harassment restraining order are similar to the steps for getting a domestic abuse injunction. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a harassment restraining order. See our WI Download Court Forms page for the forms that you might need.

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back to topCan a final harassment restraining order be extended?

Yes.  There is a possibility that the injunction can be extended for a period of time (from the initial order) that equals 10 years but only if you can prove there is a substantial risk that the respondent may commit any of these crimes against you: first-degree intentional homicidesecond-degree intentional homicidesexual assault or sexual assault of a child (sections (1) or (2)).*

* Wis. Stat. § 813.125(4)(d)(1)

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