Waukesha County

CHILD ABUSE (Adult Defendant/Respondent) - GENERAL INFORMATION

Requested generally by parents, step-parents, or legal guardians to protect individuals under the age of 18 from physical injury (other than accidental); sexual intercourse, contact, or exploitation; prostitution,forced viewing of sexual activity, genitals, or pubic area; an individual who caused the child emotional damage for which the child victim's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to relieve the symptoms; or threats to do any of the above.

Who may petition?

    1. Child victim
    2. Parent of child victim
    3. Stepparent of child victim
    4. Guardian of child victim
    5. Guardian ad litem in a matter involving a child found to be in need of pretection or services.
    6. If a proceeding is brought under Wis. Stat. 48.13, any party to or any governmental or social agency involved in the proceeding.

Against whom may the petitioner bring an action?

    1. Althought Wis Stat. 813.122 only uses the term respondent, respondent can be an adult or a child who engaged in child abuse.  
    2. Claim of emotion damage can be brought against parent, guardian, or legal custodian who has neglected, refused, or been unable for reasons other than poverty to obtain necessary treatment or take steps to ameliorate the symptoms.

For additional resources or definitions of any of the above terms, please visit the links on this page or the additional Civil Court research links located (here)

Child Abuse Restraining Order – INSTRUCTIONS AND FORMS

Below you will find the Instructions and all the forms you will need to get from the beginning to the end of this court process.  You have the option to: Print the forms in PDF (found by clicking on the links) or complete the Word Fillable forms on-line, if available (as identified by the "Word" link identified next to each form title).  Review the instructions (we recommend that you print it and keep it with your papers) for additional information related to the process, including service.

Instructions

Waukesha County Clerk of Court Information Sheet 

Petitioner to complete all blanks.

Order Appointing Guardian ad Litem or Attorney (Word)

Petitioner to complete top section with case caption, select type of appointment, individual's name, address, telephone number and select reason for appointment.

Consent to Act (Word)

Petitioner to complete top section with case caption only.

Petition for Temporary Restraining Order and/or Injunction (Word) 

    1. Petitioner to complete all blanks
    2. Petition must be signed by a notary, which is available at the courthouse.
    3. The petitioner signing the form must provide proper identification (a valid driver's license or state I.D.)
    4. The petitioner should prepare a written statement listing the incidents of harassment and attach the statement to the petition

Notice of Hearing-Temporary Restraining Order (Word)

Petitioner to complete top section with petitioner's name, date of birth and respondent's name, address, description and weapons information.

Notice and Order for Injunction Hearing when Temporary Restraining Order is Not Issued (Word)

Petitioner to complete top section with petitioner's name and respondent's name and address.

Confidential Address Information (Word)

Petitioner to complete all blanks.

Petitioner's Statement of Respondent's Possession of Firearms (Word)

Petitioners are NOT required to fill out this form.  If petitioner chooses to fill out this form, do so as completely as possible and submit at the time of filing or bring to the Injunction Hearing.

Respondent's Statement of Possession of Firearms (Word)

Petitioner to complete as much information at the top of the form as possible.  Respondent will be responsible for completing all blanks.

Information for Respondents Regarding the Surrender and Return of Firearms

For informational purposes ONLY.  Nothing is completed on this form by either party.

 

HAVE A HEARING?

  1. Report to the designated courtroom on the assigned date/time and check in with the bailiff.
  2. Bring any necessary documents or witnesses with you to the hearing.   
  3. If accommodations are needed for persons with disabilities, please notify the Clerk of Courts in advance by contacting the Civil Division.

GRANTED AN INJUNCTION AND WANT TO MODIFY THE ORDER?

If an injunction was granted and the petitioner wishes to make an amendment of any kind during the pendency of the injunction (including dismissing or dropping the TRO/injunction), a request must be made in writing to the court and copied to the other party. 

The court may set a hearing and require the petitioner to appear in front of a court official, issue an amended injunction if appropriate, or take no further action. 

Each request for an amendment is reviewed on a case-by-case basis and not all outcomes are the same.

ATTENDED AN INJUNCTION HEARING AND NOT SATISFIED WITH THE OUTCOME?

If you are the petitioner or respondent in an action and you are not satisfied with a decision (judgment or order) made by a Circuit Court Commissioner click (here).