What protections can I get in a harassment restraining order?
A harassment restraining order (both the temporary order and the injunction) can order the abuser to:
- not have contact with you directly or indirectly (except through his/her attorney or a law enforcement officer);
- not harass you;
- stay away from your home and/or any place where you are temporarily living;
- not remove, hide, damage, harm, mistreat, or get rid of a household pet;
- allow you or someone on your behalf to get a household pet from the home;1 and
- surrender any firearms that s/he owns or has in his/her possession to the sheriff - however, this can only be ordered in an injunction (not in a temporary order) and you must present “clear and convincing evidence” at the hearing that the abuser may use a firearm to cause physical harm to you or another person or to endanger public safety.2 (However, if the abuser is a peace officer, this does not apply to any firearm that s/he is required to possess, as a condition of employment, while s/he is on or off duty.)3
Note: If you share a wireless telephone number with the abuser, you can request that the judge order the service provider to transfer to you the right to continue to use any telephone number(s) that you and/or your minor child uses (and you will have to take over payments for that account).4
1 Wis. Stat. § 813.125(3)(a),(4)(a)
2 Wis. Stat. § 813.125(4m)(a),(c)(2)
3 Wis. Stat. § 813.125(4m)(cg)
4 Wis. Stat. § 813.125(4g)