Waukesha County

HARASSMENT (Adult Defendant/Respondent) - GENERAL INFORMATION

Harassment Restraining Orders are requested when a person attempts, threatens or does strike, shove, kick or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose. Commonly requested by victims of stalking.

Restraining Orders that involve Adult Respondent/Defendants are handled as Large Claims matters in the Civil Court and are filed in Room C-167 of the Civil Division of the Waukesha County Courthouse.

Restraining Orders that involve Minor Respondent/Defendants (under 18) are handled in Juvenile Court and information regarding these matters can be viewed (here)

Who may petition?

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

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

    1. Any person who has been harassed
    2. Child
    3. Parent
    4. Stepparent
    5. Legal guardian of a child
    6. Guardian ad litem in a matter involving a child found to be in need of protection or services
    7. If a proceeding is brought under Wis. Stat. 48.13 [child alleged to be in need of protection or services], any party or governmental or social agency involved in the proceeding.

Note:  There are different forms for use when filing a harassment TRO/injunction petitioner depending on the circumstances and age of individuals involved.  Please review the information above to determine which forms are most appropriate for your situation and where you will need to file your petition once completed. 

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)

Harassment 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.  Note there is a possible filing fee of $164.50 for a harassment restraining order.  This fee may be waived based on your written statement or upon approval of a completed fee waiver.

Instructions

Waukesha County Clerk of Court Information Sheet 

Petitioner to complete all blanks.

Petition for Waiver of Fees and Costs – Affidavit of Indigency and Order (Word) **ONLY COMPLETE THIS FORM IF YOU BELIEVE YOU ARE INDIGENT AND UNABLE TO PAY**

    1. Petitioner to complete top section with case caption, select type of appointment, individual's name, address, telephone number and select reason for appointment.
    2. Petitioner to complete all applicable blanks in Section 1 and Section 2 as appropriate.
    3. Petition must be signed by a notary, which is available at the courthouse.
    4. The petitioner must provide proper identification (a valid driver's license or state I.D.)

Order on Petition for Waiver of Fees and Costs (Word) **ONLY COMPLETE THIS FORM IF YOU BELIEVE YOU ARE INDIGENT AND UNABLE TO PAY**

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 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).

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:

  1. 12 digit CCAP case number (for example:  2017CV000065)
  2. County that issued the TRO (Waukesha)
  3. Respondent's FIRST and LAST name