Malcolm Rivera
In Wisconsin, harassment can come in many forms, including physical, verbal, or electronic communication. To file a civil suit for harassment in the state, one must first obtain a temporary restraining order (TRO) by filling out the necessary forms on the Wisconsin Court System website. The petitioner must provide specific information about the respondent and a sworn statement detailing the facts of the situation, including what happened, when and where it occurred, and who was involved. The statement must be signed in the presence of a notary. The judge will then decide whether to issue the restraining order based on whether there are reasonable grounds to believe that the respondent has engaged in harassing behaviour intending to intimidate or harass the petitioner. Wisconsin Statute section 48.02(1) defines harassment as kicking, shoving, striking, or subjecting another person to violent physical conduct, as well as acts that constitute abuse, sexual assault, or stalking. It also includes attempts or threats to do so. Additionally, Wisconsin law prohibits the intentional invasion of privacy, and victims of such invasions may seek restraining orders.
| Characteristics | Values |
|---|---|
| Nature of Harassment | Kicking, shoving, striking, or subjecting another person to some type of violent physical conduct. It includes an act that constitutes abuse, sexual assault, or stalking. It also includes someone who attempts to do these things or threatens them. |
| Course of Conduct | A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. |
| Credible Threat | A threat made with the intent and apparent ability to carry out the threat. |
| Privacy | Intrusion upon the privacy of another of a nature highly offensive to a reasonable person, in a place that a reasonable person would consider private. |
| Restraining Order | A temporary restraining order can be obtained by filling out forms on the Wisconsin Court System website. |
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What You'll Learn
Physical violence or the threat of violence
Wisconsin Statute section 48.02(1) defines physical violence as kicking, shoving, striking, or subjecting another person to any type of violent physical conduct. It also includes abuse, sexual assault, and stalking. Threatening to commit these acts is also considered physical violence. Engaging in conduct or repeated acts that intimidate or harass another person and serve no legitimate purpose is also prohibited.
If you are a victim of physical violence or threats of physical violence, you can take legal action. You may want to consider obtaining a restraining order, also known as a harassment injunction, to protect yourself. To do this, you must first file a petition with specific information about the person you are alleging is harassing you and a sworn statement detailing the facts of the situation, which must be signed in the presence of a notary. If granted, a temporary restraining order will be issued, prohibiting the respondent from contacting or approaching you and potentially impacting child custody or visitation rights. Violating a restraining order can result in additional criminal charges and penalties.
You may also be able to sue the perpetrator in civil court for your injuries under tort law, which provides civil legal remedies for people injured by another person. This can include financial damages or injunctive relief. It is important to note that litigation can be expensive and stressful, and it may be difficult to take legal action against your abuser, especially if they are a family member. However, it can provide a sense of control and emotional relief for victims, holding the offender accountable for their actions.
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Invasion of privacy
Wisconsin law recognizes an individual's right to privacy. An "invasion of privacy" can mean one of four things:
- A highly offensive intrusion of privacy in a private place, akin to trespassing.
- Using a person's name, image, or likeness without written consent for advertising or trade purposes.
- Publicizing an aspect of a person's private life that a reasonable person would find highly offensive, and doing so unreasonably or recklessly, or with knowledge that there is no legitimate public interest.
- Conduct prohibited by Wisconsin Statute, including taking photographs of nude individuals without their consent when they expect privacy.
To constitute an invasion of privacy, the information disclosed must be shared with a substantial number of people or a smaller group under particular circumstances. The information must not be publicly available or previously voluntarily shared by the individual. Wisconsin courts require proof of these elements for a claim of invasion of privacy:
- Public disclosure of a fact regarding the individual.
- The disclosed fact was private and not publicly available or voluntarily disclosed by the individual.
- The subject matter of the fact is highly offensive to a reasonable person.
In Wisconsin, invasion of privacy claims often arise when publicity is given to an individual's private life. For example, in a case where defendants bid on plaintiffs' names in internet search engine ads and linked search results to their website, the plaintiffs filed suit for invasion of privacy. In another case, a step-daughter sued a broadcast company for invasion of privacy after they read from a police report about her behavior, although the claim was not strictly based on privacy torts, which usually concern nudity, sex, or serious hidden problems.
Wisconsin also addresses privacy in the context of restraining orders. When seeking an injunction, an individual must first obtain a temporary restraining order (TRO) and provide specific information about the harassing conduct, including what happened, when and where it occurred, and who was involved. The statement must be signed in the presence of a notary and filed with the clerk of the court office.
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Stalking
To obtain a civil harassment injunction, victims must first acquire a TRO (temporary restraining order). The forms needed to complete this request can be found on the Wisconsin Court System website (wicourts.gov). The petitioner must provide specific information about the respondent, including their name, address, and other relevant details.
The petitioner must also submit a sworn statement describing the facts of the situation, including what happened, when and where the harassment occurred, and who was involved. This statement must be signed in the presence of a notary and should be as detailed as possible.
In Wisconsin, stalking can include cyberstalking, which involves the use of electronic communication to harass or intimidate another person. Victims of stalking can seek help from resources such as the Stalking Resource Center, which provides information, incident logs, and behaviour logs to support those affected.
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Intimidation
In Wisconsin, intimidation is considered a Class G felony if the act is accompanied by force or violence or attempted force or violence upon the victim or their family members or any person sharing a common domicile with the victim. This includes any express or implied threat of force, violence, injury, or damage.
It is important to note that intimidation can also occur in the context of legal proceedings. For example, if a defendant discusses a trial or possible testimony with a witness or alleged victim, that conversation could qualify as intimidation, potentially leading to new charges.
Wisconsin law also considers the intimidation of victims; this can include force or violence, threats, or damage to property.
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Restraining orders
In Wisconsin, restraining orders are available to protect victims of harassment, stalking, or threatening behaviour. A restraining order can be obtained against anyone who engages in intentionally aggressive, harassing, or intimidating behaviour, regardless of the relationship between the harasser and the victim.
To obtain a restraining order, you must first request a temporary restraining order (TRO). The TRO is a petition, which, once filed, will be reviewed by a judge or commissioner who will decide whether or not to issue it. If granted, the court will schedule an injunction hearing within 14 days. At the hearing, you will ask the court to order a final order of protection, known as an injunction. An injunction can be granted for up to 2 years for child abuse and up to 4 years for domestic abuse, harassment, and individuals at risk.
To complete the request for a TRO, you must provide specific information about the person you are alleging is harassing you, including a sworn statement of all the facts related to the situation. This statement must be signed in the presence of a notary and should include what happened, when and where it happened, and who was involved. It is important to be as specific and detailed as possible. The judge or commissioner will decide whether to issue a TRO based on whether there are reasonable grounds to believe that the respondent has engaged in harassment intending to intimidate or harass the petitioner.
The scope of a harassment restraining order is broader than a domestic abuse restraining order, protecting victims against abuse, sexual assault, stalking, physical contact, and repeated conduct that harasses or intimidates the victim. The court may also prohibit the abuser from having a gun or approaching the victim's residence.
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Frequently asked questions
Harassment can come in many forms, including stalking, threatening, or physical violence. It can also include conduct or repeated acts that intimidate or harass another person and serve no legitimate purpose.
If you are being harassed, you may want to take legal action. The first step is usually to acquire a temporary restraining order (TRO) by filling out forms on the Wisconsin Court System website.
You will need to provide a sworn statement detailing the facts of the situation, including what happened, when and where, and who was involved. This statement must be signed in the presence of a notary.
A judge or commissioner will review your statement and decide if there are reasonable grounds to believe that harassment has occurred. If so, a temporary restraining order may be issued.
Wisconsin law defines criminal harassment as intending to "harass or intimidate another person" through physical contact, attempts or threats of physical contact, or engaging in conduct that serves no legitimate purpose and creates a credible threat.
