Difference Between Domestic Abuse Injunction and Harassment Injunction in Wisconsin

Effective September 1, 2010, the parties can stipulate to the issuance of a harassment injunction instead of a domestic abuse injunction.  If the parties agree to such a stipulation, the court may not approve the stipulation unless the following factors are met:

1.    Either or both parties submit an oral request on the record for the conversion explaining the reason why the conversion is requested; and

2.    The court advises the petitioner personally and determines that the petitioner entered into the stipulation voluntarily and with an understanding of the differences between a domestic abuse injunction and a harassment injunction; and

3.    In a harassment injunction, the court may order the respondent to avoid the harassment of the petitioner, avoid the petitioner’s residence or any premises temporarily occupied by the petitioner or any combination thereof.  A harassment injunction may only prohibit the conduct that has been actually proven in court.  A harassment injunction only prohibits possession of a firearm.  If the petitioner has proven by clear and convincing evidence that the respondent may use a firearm to cause harm to another or public safety.

4.    Under a domestic abuse injunction, any firearm the respondent owns or possesses must be surrendered and any domestic violence conviction prohibits return of the guns.

Difference Between Domestic Abuse Injunction and Harassment Injunction in Wisconsin