Waukesha County

DOMESTIC ABUSE - GENERAL INFORMATION

Domestic Abuse Restraining Orders are used if an adult (someone 18 years or older) has intentionally caused you physical pain, injury or illness; has impaired your physical condition; has sexually abused you; or threatened to physically or sexually harm you, you may ask for a domestic abuse restraining order if one of the following describes your relationship to the abuser.

Who may petition?

1. you (the person needing protection) and the adult (the abuser) are related by blood; or
2. you are or have been married to the person who has abused you; or
3. you have a child together with the abuser; or
4. you have lived with, are living with, or were dating the person who abused you; or
5. you are receiving in home or community care from the person who abused you; or
6. you are under the guardianship of the abuser [as defined by Wis. stat. 880.01(3)], or
7. you are the guardian of the person being abused by someone meeting the criteria above.

Against whom may the petitioner (the person needing protection) bring an action?

1. Adult Family Member
2. Adult Household Member
3. Adult Former Spouse
4. Adult with whom have child in common
5. Adult with whom have or have had a dating relationship
6. Adult caregiver

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)

Restraining Order Links

Civil Resources

Domestic 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

Respondent's Information for Sheriff to Effect Service

Petitioner to complete all blanks.

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 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?

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

VINE PROTECTIVE ORDER - VPO

If you have obtained a non-confidential TRO (Temporary Restraining Order), you can register to be notified when the TRO has been served by law enforcement.

If you want to be notified you MUST register by calling 1-855-948-7648 or visiting www.vinelink.com. On the website, click Wisconsin on the drop-down menu, then 'Find a Protective Order' to search for the protective order. You will need the following information:

12 digit CCAP case number (for example: 2017CV000065)
County that issued the TRO (Waukesha)
Respondent's FIRST and LAST name

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).

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