Legal Information: Wisconsin

Restraining Orders

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Who 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)