Wisconsin Harassment Injunctions vs. Domestic Abuse Injunctions: Key Legal Differences

Introduction to Protective Orders in Wisconsin

When someone is stalking, threatening, or hurting you, Wisconsin law provides powerful tools to stop them. However, many people file the wrong type of paperwork at the courthouse, which can lead to a judge dismissing their case on a technicality. In cities like Appleton, Racine, and Kenosha, understanding the difference between a Domestic Abuse Injunction and a Harassment Injunction is vital to securing your safety.

These two legal mechanisms are governed by entirely different state statutes. Choosing the correct path depends entirely on who is threatening you and the specific nature of their actions. Consulting with a skilled lawyer from our directory of US Attorneys can ensure you file under the correct statute. Here is a clear breakdown of the differences between these two protective orders.

Key Legal Differences Between the Injunctions

The court must look at the specific relationship you have with the respondent and the exact definition of the bad behavior to determine which statute applies to your situation.

Qualifying Relationships for Domestic Abuse

To file for a domestic abuse injunction under Wis. Stat. § 813.12, you must have a qualifying relationship with the respondent. Under Wis. Stat. § 813.12(1)(am), eligible petitioners include a spouse or former spouse, an adult family member, an adult household member (someone you currently or formerly lived with), or someone with whom you share a child in common. Crucially, the statute also covers anyone with whom you have or had a dating relationship. As defined in Wis. Stat. § 813.12(1)(ag), a 'dating relationship' means a romantic, courtship, or intimate relationship between two adults, even if they have never lived together or had children. If your romantic partner or former partner threatens or harms you, you qualify directly for a domestic abuse injunction.

When to File for a Harassment Injunction

A harassment injunction under Wis. Stat. § 813.125 covers non-domestic disputes. This is the correct route to take if you are being stalked by a neighbor, harassed by a coworker, or targeted by an acquaintance or stranger. You will need to submit Form CV-405, Wisconsin, Circuit Court, Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing - Harassment. To win a harassment case, you must prove the respondent engaged in a course of conduct or repeated acts that intimidated, tormented, or threatened you, and that these acts served no legitimate purpose.

Burden of Proof for Harassment

Proving harassment involves distinct statutory standards compared to domestic abuse. In a domestic abuse case, a single incident of physical violence, impairment, or a severe threat of violence is sufficient to secure an order. Under Wis. Stat. § 813.125, harassment typically requires proving repeated acts or a pattern of conduct that intimidates or torments the petitioner. In Board of Regents - UW System v. Decker, 355 Wis. 2d 800 (WI Supreme Court 2014), the Wisconsin Supreme Court established that a respondent cannot avoid an injunction simply by claiming their actions had an underlying legitimate purpose; conduct intended even in part to harass or intimidate lacks a legitimate purpose under the law. You must clearly demonstrate to the Brown County Circuit Court, Green Bay or your local judge that the respondent's acts were intended to torment or intimidate you.

Filing Fee Exemptions and Costs

The financial rules for filing these two types of injunctions differ significantly under Wisconsin law.

• Domestic Abuse Injunctions: Filing this petition is always 100% free. The state does not charge filing fees or service fees to protect victims of domestic violence.
• Harassment Injunctions: Filing a harassment petition usually requires a filing fee of approximately $164.50. You may also have to pay a fee to the sheriff to serve the papers.
• Fee Waivers: The court will waive the harassment filing fee if your petition alleges that the respondent engaged in conduct that would constitute stalking, physical abuse, or a threat of physical abuse.

How Long Does the Process Take?

Both injunctions follow the same rapid timeline in the Wisconsin court system. You can file the petition and receive an emergency Temporary Restraining Order (TRO) on the same day. Following the issuance of the TRO, a final hearing must be held within 14 days at the Kenosha County Circuit Court, Kenosha or your local courthouse. If granted, a domestic abuse injunction can last up to four years, and a harassment injunction can also be ordered for up to four years.

Frequently Asked Questions (FAQ)