813.129.Global positioning system tracking.

Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 2013 · Last verified July 15, 2026

In one sentenceSection 813.129 lets a court order GPS tracking of a person convicted of knowingly violating a domestic abuse or harassment restraining order or injunction, but only after weighing listed risk factors and finding the person more likely than not to cause serious bodily harm to the petitioner.

Full Text of Section 813.129

Text sizeJump to: (1) (2) (3) (4) (5)

(1) If a person knowingly violates a temporary restraining order or injunction issued under s. 813.12 or 813.125, in addition to other penalties provided in those sections, the court may report the violation to the department of corrections immediately upon the person’s conviction and may order the person to submit to global positioning system tracking under s. 301.49.

(2) Before issuing an order under sub. (1), the court must find that the person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, weighing the following factors:

(a) Whether the person has allegedly caused physical injury, intentionally abused pets or damaged property, or committed sexual assault, an act of strangulation or forcible entry to gain access to the petitioner.

(b) Whether the person has threatened any individual, including the petitioner, with harm.

(d) Whether the person has expressed suicidal ideation. (e) Whether the person has exhibited obsessive or controlling behavior toward the petitioner or any member of the petitioner’s family, including stalking, surveillance, or isolation of the petitioner or any member of the petitioner’s family. (f) The person’s mental health history. (g) Whether the person has a history of abusing alcohol or a controlled substance.

(3) The court may request the department of corrections to provide a validated risk assessment of the person in order to make the findings required in sub. (2).

(4) If a court enters an order under sub. (1), the court shall provide the person who petitioned for the restraining order or injunction with a referral to a domestic violence or sexual assault victim service provider.

(5) If, after weighing the factors set forth under sub. (2), the court determines that a person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, and the court determines that another alternative, including imprisonment, is more likely to protect the person who petitioned for the restraining order or injunction, the court may not enter an order under sub. (1).

End

Plain-English Summary

Section 813.129 gives a court a tool beyond the usual criminal penalties for violating a restraining order or injunction issued under section 813.12 or 813.125. Upon conviction for a knowing violation, the court may report it to the department of corrections and order the person to submit to global positioning system tracking under section 301.49.

That extra step is not automatic. Before ordering tracking, the court must find that the person is more likely than not to cause serious bodily harm to the petitioner, weighing factors such as alleged physical injury, threats, forcible entry, or sexual assault; threats against any individual; a history of misusing weapons; suicidal statements; obsessive, controlling, or stalking behavior toward the petitioner or family members; mental health history; and a history of alcohol or drug abuse. The court may also ask the department of corrections for a validated risk assessment to help make that finding.

If the court does order tracking, it must also refer the petitioner to a domestic violence or sexual assault victim service provider. And even where the risk factors point toward serious harm, the court cannot order tracking under this section if it decides another alternative, including imprisonment, would better protect the petitioner.

Frequently Asked Questions

When can a Wisconsin court order GPS tracking of someone who violated a restraining order?

Only after the person is convicted of knowingly violating a temporary restraining order or injunction issued under section 813.12 or 813.125, and only after the court finds the person is more likely than not to cause serious bodily harm to the petitioner.

What factors does the court weigh before ordering GPS tracking?

Section 813.129 lists factors including alleged physical injury or sexual assault, threats to any individual, a history of misusing weapons, suicidal ideation, obsessive or controlling behavior toward the petitioner or family, mental health history, and a history of substance abuse.

Does the court have to order GPS tracking every time someone violates a restraining order?

No. Ordering tracking is left to the court’s discretion, and section 813.129 bars the order entirely if the court finds another alternative, including imprisonment, is more likely to protect the petitioner.

Can the court get outside help assessing the person’s risk?

Yes. The court may request the department of corrections to provide a validated risk assessment to help it make the required finding.

What must the court do for the victim if it orders GPS tracking?

Section 813.129 requires the court to provide the petitioner with a referral to a domestic violence or sexual assault victim service provider whenever it enters a tracking order.

Amendment History

History: 2011 a. 266; 2013 a. 20.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source

Also known as: wisconsin gps tracking domestic violencegps monitoring restraining order violation wisconsinrisk factors for gps tracking wisconsinelectronic monitoring injunction violation wisconsin