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Harassment Restraining Order
The information contained on this web page is provided as a courtesy to members of the public, and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service at (800) 362-9082 for additional assistance.
Harassment Restraining Orders are requested when a person attempts, threatens or does strike, shove, kick, or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose. Commonly requested by victims of stalking.
Harassment - is defined in Wis. Stat. §813.125 as striking, shoving, kicking or otherwise subjecting another person to physical contact, engaging in an act that would constitute child abuse under s. 48.02(1), sexual intercourse or sexual contact under s.940.225 or stalking under s.940.32; or attempts or threatens to do the same. Also, engaging in a course of conduct or repeatedly commits acts which harass or intimidate the person and serve no legitimate purpose.
Restraining orders that involve Adult Respondents are handled as Large Claims matters in the Civil Court and are filed in the Oconto County Clerk of Courts Office, Oconto County Courthouse Building C, 301 Washington Street, Building C, Oconto, Wisconsin.
Restraining orders that involve Minor Respondents (under 18 years of age) or when the child victim is involved in a CHIPS (Children in Need of Protection or Services) are handled in Juvenile Court and are filed in the Oconto County Circuit Court Office, Oconto County Courthouse Building C, 301 Washington St, Room 1174, Oconto Wisconsin as a Juvenile Restraining Order.
Who may Petition?
- Any person who has been harassed
- Child as defined in s. 813.122 (1) (b)
- Parent
- Stepparent
Against Whom May the Petitioner Bring an Action?
- Adult who engages in harassment
NOTE: There are different forms for use when filing a harassment temporary restraining order/injunction petition depending on the circumstances and age of individuals involved. Review information above to determine which forms are most appropriate for your situation and where you will need to file your petition once completed.
Jurisdiction
The Petitioner may file for a temporary restraining order/injunction in the county where the Petitioner resides; or where the Respondent resides; or where the incident occurred.
Filing Fee
There is a possible filing fee of $164.50 for a harassment (adult respondent) restraining order. This fee may be waived upon approval of a completed fee waiver. View information on petitioning the Court for waiving fees.
Harassment (Adult Respondent) Forms
Form CV-406 (PDF) Temporary Restraining Order (Temporary Order of Protection) and Notice of Injunction Hearing (Harassment – 30711)
- Petitioner to complete the caption (top section of page 1) with the petitioner’s name, date of birth, and Respondent’s name and address.
Form CV-405 (PDF) Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment – 30711)
- Petitioner to complete all blanks.
- The petitioner should prepare a written statement listing the incidents of harassment and attach the statement to the petition. Temporary Restraining Order Statement of Facts Form (PDF).
Form CV-449 (PDF) Notice and Order for Injunction Hearing When Temporary Restraining Order is Not Issued – Harassment
- Petitioner to complete the caption (top section of page 1) with the petitioner’s name, date of birth, and Respondent’s name and address.
Form CV-420 (PDF) Respondent’s Information for Sheriff to Effect Service
- Petitioner to complete all blanks
Form CV-502 (PDF) Confidential Address Information in Domestic Abuse, Child Abuse, Individual at Risk; and Harassment Temporary Restraining Order and Injunction Actions
- Petitioner to complete all blanks
Form CV-804 (PDF) Information for Respondents Regarding the Surrender and Return of Firearms
- For informational purposes only- nothing is completed on this form by either party
Form CV-800 (PDF) Respondent’s Statement of Possession of Firearms
- Petitioner to complete the caption (top section of page 1) with the Respondent’s name, address, and telephone number
- After the Respondent is personally served with the documents, Respondent is required to complete the form and bring it to the Injunction Hearing.
Form CV-801 (PDF) Petitioner’s Statement of Respondent’s Possession of Firearms
- Petitioner to complete all blanks