Restraining Order Laws in Wisconsin
Wisconsin law provides for restraining orders under four separate statutes, three of which are addressed here: Domestic Abuse Restraining Orders, Child Abuse Restraining Orders, and Harassment Restraining Orders. Domestic Abuse Restraining Orders are available only to petitioners over 18; Child Abuse and Harassment Restraining Orders are not limited by the age of the petitioner (victim).
Where the problem with Wisconsin law comes in is that although a minor may petition for a restraining order (child abuse or harassment), it does not specify a specific age the minor needs to be. Also, the law does not state that the restraining order can be AGAINST a minor abuser. State law allows minors to petition for an RO on their own behalf and a parent or guardian can do so on the victim's behalf but the law does not specify whether the parent or guardian of the minor will be notified about the RO.
A judge can issue an RO if the abuser has physically abused, threatened to physically abuse or sexually abused the petitioner. The statute fails to explicitly recognize stalking and harassment as qualifications for relief.
The court may order the abuser to stay away from the victim, not possess a gun and/or if the victim is an adult; grant other relief within the court's discretion.
HOWEVER!
Wisconsin law does not provide for a school response to dating violence. Current state law requires schools to have bullying policies in place. These policies have to meet a minimum requirement for education, reporting and resolution, however there is nothing to state that the school actually has to act on the policy. So, Wisconsin law provides to some degree, a requirement for student safety against bullies, there is nothing in place to account for teen dating violence even though 33% of the students are statistically speaking, likely to be involved in a violent relationship where abuse is occurring on school property.
What's more is that it is often very difficult for a child to be removed from the school and placed in a different school. Schools often require application for school choice during the month of February for the following school year. Add to that the problem with transportation and the situation becomes difficult at best and costly for the victim's family.
So, what must Wisconsin do?
Where the problem with Wisconsin law comes in is that although a minor may petition for a restraining order (child abuse or harassment), it does not specify a specific age the minor needs to be. Also, the law does not state that the restraining order can be AGAINST a minor abuser. State law allows minors to petition for an RO on their own behalf and a parent or guardian can do so on the victim's behalf but the law does not specify whether the parent or guardian of the minor will be notified about the RO.
A judge can issue an RO if the abuser has physically abused, threatened to physically abuse or sexually abused the petitioner. The statute fails to explicitly recognize stalking and harassment as qualifications for relief.
The court may order the abuser to stay away from the victim, not possess a gun and/or if the victim is an adult; grant other relief within the court's discretion.
HOWEVER!
Wisconsin law does not provide for a school response to dating violence. Current state law requires schools to have bullying policies in place. These policies have to meet a minimum requirement for education, reporting and resolution, however there is nothing to state that the school actually has to act on the policy. So, Wisconsin law provides to some degree, a requirement for student safety against bullies, there is nothing in place to account for teen dating violence even though 33% of the students are statistically speaking, likely to be involved in a violent relationship where abuse is occurring on school property.
What's more is that it is often very difficult for a child to be removed from the school and placed in a different school. Schools often require application for school choice during the month of February for the following school year. Add to that the problem with transportation and the situation becomes difficult at best and costly for the victim's family.
So, what must Wisconsin do?
- Explicitly state that individuals can seek restraining orders against minor abusers.
- Allow victims of intimate partner stalking and harassment to access restraining orders.
- Allow all minors to access all sensitive services, including contraceptive services, prenatal care, adoption, and medical care for a minor child without parental involvement.
- Expand the types of relief available to individuals who seek ROs.
- Mandate dating violence education in all middle schools and high schools.
**Break the Cycle.... for more information about state law and policy, visit www.breakthecycle.org or email policy@breakthecycle.org
It would be great to hear what people think about Wisconsin law as it pertains to teen dating violence; the limitations we face due to the few words lacking in the law. Want to make a change? contact your state senator and representatives today.
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