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)
What 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.
Can 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 homicide, second-degree intentional homicide, sexual assault or sexual assault of a child (sections (1) or (2)).*
* Wis. Stat. § 813.125(4)(d)(1)