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Procedures For Filing Harassment Restraining Orders-Civil Court 080-542-6 - Wisconsin
| Procedures For Filing Harassment Restraining Orders-Civil Court Form. This is a Wisconsin form and can be used in Family Court Dane Local County . |
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PETITIONER'S INSTRUCTIONS Forms available from: PROCEDURES PROCEDURES FOR FILING HARASSMENT RESTRAINING ORDERS FAMILY COURT COMMISSIONER City-County Building, Room 104 210 Martin Luther King, Jr. Blvd. Madison, Wisconsin 53703-3342 Closed on weekends. PURPOSE: To obtain a court order against an individual to cease or avoid harassment of another person. Step 1: Before filling out the forms, read the following criteria for eligibility: 1) You must be able to establish that you have been "harassed by another person" as defined in Wisconsin State Statutes 813.125. Harassment means any of the following: a. Striking, shoving, kicking or otherwise subjecting another person to physical contact or attempting or threatening to do the same. b. Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose. Step 2: If you believe you qualify under the Harassment Statutes, fill out the forms as instructed below and return them to the receptionist's desk in the Family Court Commissioner's Office, ROOM 104, City-County Building. The fee for filing this action is $152. Cash, cashier's check, or money order, and personal checks will be accepted. If you have no financial resources, request a Petition for Waiver of Costs/Fees from the Family Court Commissioner personnel and complete it. Waiver of costs/fees may also be obtained based upon the nature of the harassing behavior. The duty judge/court commissioner will determine if the fee waiver is applicable in your case. A. On the form captioned "NOTICE OF HEARING AND TEMPORARY RESTRAINING ORDER," fill in your name (petitioner) and the name and address of the other party (respondent). B. On the form captioned "PETITION FOR TEMPORARY RESTRAINING ORDER AND/OR INJUNCTION," fill in your name (petitioner) and the name, address, and physical description of the other party (respondent). On line 1, write in the name of the victim. C. Under number 3 of the "PETITION," write in complete sentences the facts which you believe support your request for a harassment temporary restraining order. Fill out this section clearly and legibly. What you write here will determine whether or not the court will grant you the Temporary Restraining Order. Be specific as to what happened to you, who did it and when it happened. You will have to sign the Petition to affirm that your facts are true. D. Under the sentence, "I REQUEST THAT THE COURT," mark the boxes that apply and state on line 1 what behavior you want the respondent to stop doing. E. Complete the sheet entitled "DANE COUNTY INFORMATION SHEET." This is necessary so the Dane County Sheriff can serve the respondent. F. Return the forms to the Family Court Commissioner's Office, Room 104. The Family Court Commissioner will review what you have written on the Petition to determine if you have the grounds to obtain the restraining order(s). G. If the petition is granted, the Family Court Commissioner will assign a hearing date. You are REQUIRED to attend the hearing. The purpose of the hearing is to determine if an Injunction, for up to 2 years, should be issued against the respondent. Step 3: If the Duty Judge/Court Commissioner signs your Temporary Restraining Order, make 4 copies of the Petition and 4 copies of the Notice of Hearing and then take the forms to the Clerk of Court's Office, Room GR-10, ground floor, City-County Building to obtain a Dane County case number. File the forms and pay the fee or turn in the Petition & Order for Waiver of Costs/Fees. (A waiver of fees has to be approved by the Duty Judge/Court Commissioner). NOTE: If you fail to obtain a Dane County case number, the Sheriff's Office will not accept the paperwork for service. American LegalNet, Inc. www.USCourtForms.com 080-542-6 (9/04) Step 4: The clerk should return the copies of the Petition and Order to you. You will take the copies to the Sheriff's Office, Civil Process Division, ROOM 2002 in the PUBLIC SAFETY BUILDING so that respondent can be served if he/she resides in Dane County. If the respondent does not reside in Dane County, you must still take one copy of the Notice of Hearing to the Sheriff's Office. However, you must obtain either a private process server or the Sheriff in the county the respondent resides to serve the other 2 copies. Prior to service, you will need to pay an initial $30.00 fee for service, if fees have not been waived. You will also need to have an address where the Sheriff can serve the respondent. This is a very important step because an Injunction cannot be issued if the respondent is not served. If you want to know if the respondent was served with the Temporary Restraining Order, call 284-6824 Monday Friday, (7:45 a.m. 4:30 p.m.) or call 266-9038 (after 4:30 p.m.). You may serve respondent by use of private process servers at your own expense. If you use a private process server, make sure you provide a copy of the service instructions to the process server. If the respondent makes contact with you before being served by Sheriff, call your local law enforcement agency and an officer may come and serve the respondent. Always call law enforcement if you are being contacted by the respondent as they are the agency that can enforce the order. KEEP YOUR COPY WITH YOU AT ALL TIMES. If you need further information, help in preparing for the hearing, assistance on a weekend, or a safe place to stay, services are provided by Domestic Abuse Intervention Services. Legal Advocacy Program (251-1237), Monday Friday, 9:00 a.m. to 4:00 p.m. 24-Hour Crisis Line (251-4445 or 1-800-747-4045) TDD and Language Line. MARTIN LUTHER KING JR BLVD (Main Entrance 1st Floor) Elevators CITY-COUNTY BUILDING GR-10 Ground Floor Wilson St Entrance oo oo Step 3 WILSON ST oo oo Carroll St Entrance CARROLL ST DOTY ST PUBLIC SAFETY BUILDING Front Entrance Step 4 Room 2002 (2nd Floor) Elevators American LegalNet, Inc. www.USCourtForms.com *** PLEASE LEAVE THIS FORM WITH THE SHERIFF'S OFFICE *** Dane County Information Sheet PETITIONER (your name) RESPONDENT (person to be served) VS INSTRUCTIONS TO PETITIONER: The Dane County Sheriff's Office will deliver your Petition and other papers to the respondent as soon as possible. Since the hearing cannot be held until the respondent is served, it is important to have accurate and reliable information to help locate the respondent. By filling out this form as completely as possible, you can help avoid unnecess
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