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Petition For Temporary Restraining Order And Injunction CV-405 - Wisconsin
| Petition For Temporary Restraining Order And Injunction 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: COUNTY Amended For Official Use Protected Person: (If different from Petitioner) Date of Birth of Protected Person: Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment 30711) -vsRespondent/ Defendant: Address: Case No. If there is a CHIPS proceeding involving the child or the respondent is a minor, Use JC-1693. Do not use this form. Respondent's: Sex Race Date of Birth Height Weight Hair color Eye color Please specify Protected Person's relationship(s) to Respondent/Defendant: adoptive parent cousin spouse grandparent sibling former spouse child (biological/adoptive/step) parent person in dating relationship step parent current or former live-in 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/protected person. UNDER OATH, I PETITION THE COURT for a temporary restraining order/or and injunction against the respondent under §813.125, Wisconsin Statutes, based on the following: legal guardian for the child stepparent of child parent of child child adult 1. The petitioner is the against whom harassment has occurred. 2. Stated below or attached as part of this petition is a statement of facts indicating that respondent has engaged in conduct which is believed to be harassment. (Harassment is defined as: (a) Striking, shoving, kicking or otherwise subjecting the person to physical contact; or (b) Engaging in an act that would constitute child abuse under §48.02(1); or (c) Sexual assault under §940.225; or (d) Stalking under §940.32; or attempts or threat to do same; or (e) Engaging in a course of conduct or repeatedly committing acts which harass or intimidate the person and which serve no legitimate purpose.) (State when, where, what happened, and who did what to whom) See attached 3. Another no contact order between myself and the respondent does not exist or I don't know or am 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: CV-405, 08/10 Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment) §§48.25(6) and 813.125, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment) Page 2 of 2 Case No. I REQUEST THE COURT: (mark any of the following boxes that apply) 1. Issue a temporary restraining order requiring the respondent to a. cease or avoid harassing me. b. avoid my residence and/or any premises temporarily occupied by me. c. avoid contact that harasses or intimidates me. 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. cease or avoid harassing me. b. avoid my residence and/or any premises temporarily occupied by me. c. avoid contact that harasses or intimidates me. 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) 3. If the temporary restraining order is denied, I move the court to schedule an injunction hearing. If the temporary restraining order is denied, you are only entitled to an injunction hearing if the petition alleges conduct that is the same as or similar to conduct that is prohibited under §940.32 [stalking]; or is the intentional infliction of physical pain, physical injury or illness; or is an intentional impairment of physical condition; or is a violation of §940.225(1), (2) or (3) [sexual assault]; or is a violation of §943.01 involving destruction of property that belongs to the individual; or is a threat to engage in the above mentioned behavior. ; AND 4. Issue an injunction against the respondent for four years or the following shorter period a. not order the respondent to surrender his/her firearm(s); OR b. order the respondent to surrender and not possess a firearm while the injunction is in effect because I believe that the respondent may use a firearm to cause physical harm to another or endanger public safety. 5. Direct the sheriff to assist in executing or serving this petition for temporary restraining order and/or injunction and notice of injunction hearing, if requested. If a temporary restraining order is granted, and you choose to have the sheriff's office serve the documents on the respondent, it is your responsibility to contact the sheriff's office before the injunction hearing to verify that the documents were served and proof of service has been filed with the Clerk of Circuit Court. The court will not do this for you. 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 or her residence, if requested. DISTRIBUTION: 1. Original - Court 2. Petitioner/Protected Person 3. Respondent/Defendant 4. Law Enforcement 5. Other: State of County of Subscribed and sworn to before me on Petitioner/Protected Person Name Printed or Typed Notary Public, Court Official My commission/term expires: Date CV-405, 08/10 Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment) §§48.25(6) and 813.125, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material.
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