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How do I file a Harassment Restraining Order?

Harassment is defined in §947.013 (1m)(a) and (b), Wisconsin Statutes as:

(a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do the same.

(b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

Upon determining that you need to file a harassment restraining order you would obtain the petition from the Clerk of Court’s office. Upon completion of the petition and the issuance of a temporary restraining order a court date is scheduled. It is the sole responsibility of the petitioner to have the respondent served with the temporary restraining order by the Sheriff’s Department in the county where he or she resides. The temporary restraining order will be in effect from the date of issuance until the court date.

The petitioner must appear at the scheduled court date, failure to appear will result in the temporary restraining order being dismissed. If the respondent has been served and does not appear at the hearing the petitioner may request the court enter an Injunction against the respondent for up to 4 years. If the respondent appears and contests the temporary restraining order a hearing will be held by the Court and a decision will be made.

There is a filing fee in the amount of $155.00 to file a Harassment Restraining Order. In addition, there are also service fees charged by the Sheriff’s Department. If the petitioner believes himself or herself to be indigent he or she may complete a Petition for Waiver of Filing and Service Fees.

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