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Petition For Temporary Restraining Order And-Or Injunction (Domestic Abuse) CV-402 - Wisconsin
| Petition For Temporary Restraining Order And-Or Injunction (Domestic Abuse) Form. This is a Wisconsin form and can be used in Civil Circuit Court Statewide . |
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STATE OF WISCONSIN, CIRCUIT COURT, Petitioner: * If you are completing this Petition on behalf of the Petitioner, insert your name on page 3. Date of Birth of Petitioner: -vsRespondent/ Defendant: Address: COUNTY Amended For Official Use Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse 30709) Case No. Respondent's: Sex Race Date of Birth Height Weight Hair color Eye color Please specify Petitioner's relationship(s) to Respondent: spouse cousin adoptive parent former spouse sibling grandparent person in dating relationship parent child (biological/adoptive/step) current or former live-in step parent relationship Other: [Be specific] Respondent's Distinguishing Features: (such as scars, marks or tattoos) None known. CAUTION: (Check all that apply) Respondent has access to weapon(s). Type of weapon(s): Location of weapon(s): Weapon(s) were involved in an incident [past or present] involving the petitioner. UNDER OATH, I PETITION THE COURT for a temporary restraining order and/or injunction against the respondent under §813.12, Wis. Stats., based on the following: 1. The adult respondent is [Mark any of the following boxes that apply.] a. a spouse or former spouse. b. a parent, child, or a person related by blood or adoption to the petitioner. c. a person in a current or former live-in relationship with the petitioner. d. a person with whom a child in common. e. a person who provides in home or community care for the petitioner. f. a person with whom the petitioner has or had a dating relationship. 2. The petitioner is [Mark any of the following boxes that apply.] a. not married to the respondent. b. living on property owned by respondent and the petitioner interest in that property. 3. The petitioner is is not does does not have a legal in imminent danger of physical harm. 4. Stated on next page or attached as part of this petition is a statement of facts indicating that respondent has engaged in, or based on prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner. (Domestic abuse is defined in §813.12(1)(am), Wis. Stats., as an intentional infliction of or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent. There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.) CV-402, 08/12 Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse) §§813.12 and 814.04, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse) Page 2 of 3 Case No. (State when, where, what happened, and who did what to whom) See attached 5. Another no contact order between the petitioner and the respondent does not exist or the petitioner does not know or is uncertain as to whether another no contact order exists. does exist. Name of other case: County or State: [If not Wisconsin] Type of Case: Case Number: [If known] Date of proceeding that resulted in no contact order: [If known] Details of no contact order: I REQUEST THE COURT: [Mark any of the following boxes that apply.] 1. Issue a temporary restraining order requiring the respondent to a. refrain from committing acts or threats of domestic abuse against the petitioner. b. avoid the petitioner's residence and/or any location temporarily occupied by the petitioner. c. avoid contacting the petitioner and causing any other person than a party's attorney or law enforcement officer to contact the petitioner. Contact includes: contact at petitioner's home, work, school, public places, in person, by phone, in writing, by electronic communication or device, or in any other manner. d. Other: [List other specific behavior you want the respondent to stop doing.] 2. Set a time for a hearing on the petition for an injunction requiring the respondent to a. refrain from committing acts or threats of domestic abuse against the petitioner. b. avoid the petitioner's residence and/or any location temporarily occupied by the petitioner. c. avoid contacting the petitioner and causing any other person than a party's attorney or law enforcement officer to contact the petitioner. Contact includes: contact at petitioner home, work, school, public places, in person, by phone, in writing, by electronic communication or device, or in any other manner. d. Other: [List other specific behavior you want the respondent to stop doing.] 3. If the temporary restraining order is denied, the petitioner asks the court to schedule an injunction hearing. 4. Issue an injunction against the respondent for four years or the following shorter period: . 5. Direct the sheriff to assist in executing or serving this petition for temporary restraining order and/or petition and motion for injunction hearing, if requested. If a temporary restraining order is granted, you must have the sheriff's office or other process server serve the documents on the respondent. Before the injunction hearing, it is your responsibility to contact the sheriff's office or other process server to verify that the documents were served and proof of service filed with the Clerk of Circuit Court. The court will not do this for you. CV-402, 08/12 Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse) §§813.12 and 814.04, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse) Page 3 of 3 Case No. If the respondent cannot be personally served with the Notice of Injunction Hearing form, the respondent can be served by publication. The petitioner must file an affidavit with the court stating that personal service of the respondent by the sheriff or a private process server was unsuccessful because the respondent was avoiding service by concealment or otherwise. 6. Direct the sheriff to accompany the petitioner and assist in placing the petitioner in physical possession of his/her residence, if requested. * I am: [Check one] The adult P
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