7. What is the difference between a harassment injunction and a domestic-abuse injunction?

The principal differences are the required relationship between the parties and the type of conduct covered by each statute. A domestic-abuse petition requires a qualifying domestic relationship; a harassment petition does not.

Domestic-abuse injunction

A domestic-abuse petition may apply between current or former spouses, adult family or household members, adults who have or had a dating relationship, adults who have a child together, and certain caregiver relationships.

Domestic abuse can include intentional physical pain or injury, intentional impairment of a physical condition, sexual assault, stalking, intentional damage to the petitioner's property, or threats to engage in that conduct.

Harassment injunction

A harassment petition does not require a domestic or dating relationship. It may involve a neighbor, coworker, acquaintance, stranger, relative, former friend, or another person.

Harassment may include striking, shoving, kicking, other unwanted physical contact, child abuse, sexual assault, stalking, attempts or threats to engage in such conduct, or a course of conduct or repeated acts that harass or intimidate another person and serve no legitimate purpose.

Procedures and remedies

Both proceedings may begin with a request for a temporary restraining order, followed by a noticed hearing at which the court decides whether to issue an injunction. Depending on the petition and the court's findings, an injunction may prohibit contact, require the respondent to avoid the petitioner's residence or other locations, prohibit further harassment or abuse, and protect household pets.

There is also an important firearm distinction. A domestic-abuse injunction generally requires the respondent to surrender firearms, subject to limited statutory exceptions. In a harassment case, firearm prohibition is not automatic; the court may impose it when the required statutory finding is made that the respondent may use a firearm to cause physical harm or endanger public safety.

Some facts could support more than one type of petition. Selecting the proper petition matters because the required allegations, relationship elements, evidentiary record, and available remedies are not identical.