Know the Laws: Wisconsin
UPDATED October 26, 2012
An order designed to stop harassment from anyone harassing you, regardless of your relationship to the person.
If you do not qualify for a domestic abuse restraining order due to your relationship with the abuser or due to the type of abuse you experienced, you may be eligible for a harassment restraining order.
Harassment restraining orders are designed to protect you from people engaging in intentionally aggressive, harassing or intimidating behavior if the behavior serves no legitimate (valid) purpose. You may apply for a harassment restraining order regardless of your relationship to the person who is harassing you. You do not have to know the person or be related to the person.
To get a harassment restraining order, you must show that the respondent has harassed you in the legal sense.
The legal definition of "harassment" includes:
There are temporary and final harassment restraining orders (also called injunctions.) A temporary order may be granted by a judge or circuit court commissioner if s/he finds reasonable grounds to believe that the abuser has intentionally harassed or intimidated the victim.* The temporary order lasts for 14 days or until the full court hearing.**
A final harassment restraining order or injunction, can be granted only after a full court hearing where the victim and abuser both get a chance to tell their sides of the story. If granted, a final harassment restraining order may last for up to 4 years.***
To read the exact wording of the law, see the harassment restraining orders and injunctions section of the WI Legal Statutes.
* Wis. Stat. § 813.125(3)(a)1
** Wis. Stat. § 813.125(3)(c)
*** Wis. Stat. § 813.125(4)(c)
A harassment restraining order (injunction) can order the abuser to:
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. In addition, a parent, guardian, or attorney may file on behalf of a child who was abused in one of these ways.
The steps for getting a harassment restraining order are similar to the steps involved with obtaining a domestic abuse restraining order. You can file for a harassment restraining order with the clerk at the county courthouse. Be sure to tell the clerk you need the forms to file for a harassment restraining order. See Court Forms for a list of forms that you might need.