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EspañolWhat 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. You can combine a petition for a harassment restraining order into the same case with a petition for domestic abuse or child abuse if the abuser is the same.1 See our WI Download Court Forms page for the forms that you might need.
1 Wis. Stat. § 813.127
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
Can a final harassment restraining order be extended?
There is a possibility that the injunction can be extended for a period of time (from the initial order) that equals ten 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 homicide, second-degree intentional homicide, sexual assault or sexual assault of a child (sections (1) or (2)).1 If the respondent has been convicted of committing sexual assault in the first, second, or third degree (sections (1) to (3)) against you, you may request that the injunction be made permanent.2
1 Wis. Stat. § 813.125(4)(d)(1)
2 Wis. Stat. § 813.125(4)(d)(1m)
Can the respondent modify or terminate a permanent harassment restraining order?
If you have a permanent order based on the abuser being convicted of sexually assaulting you in the first, second, or third degree, the abuser can file a motion to have the order reviewed if the criminal conviction is vacated. The judge is required to change (modify) or remove (vacate) your order if the abuser proves that the conviction was vacated, and the judge will consider all relevant factors when deciding what to do. If your order has been in effect for longer than the maximum amount of time it could have been granted without the sexual assault conviction, the judge will vacate it.1
1 Wis. Stat. § 813.126(1m)
I was not granted a harassment restraining order. What are my options?
If you were denied a temporary or final harassment restraining order, you may file a motion requesting a new (“de novo”) hearing within 30 days. The hearing will then be held within 30 days unless there is a good reason for delaying it further. If the judge issued any temporary order in your case, that order will remain in effect until your motion for a new hearing is resolved.1
If you believe the judge made an error of law by denying you the order, you can talk to a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. You may find a lawyer on our WI Finding a Lawyer page, and you can read about appeals on our File an Appeal page.
1 Wis. Stat. § 813.126(1)
