Waukesha County

INDIVIDUAL AT RISK - GENERAL INFORMATION

Requested generally on behalf of “individuals at risk”, which includes any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation. People who may seek the temporary restraining order (TRO) include the adult at risk, social service workers, law enforcement personnel, parents, adult siblings, adult children, legal guardians of adults at risk, or county protective service agencies.

Who may petition?

    1. Individual at risk
    2. Any person acting on behalf of an individual at risk
    3. An elder-adult-at-risk agency on behalf of an individual at risk
    4. Adult-at-risk agency on behalf of an individual at risk

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

    1. Individual at risk
    2. Any person acting on behalf of an individual at risk
    3. An elder-adult-at-risk agency on behalf of an individual at risk
    4. Adult-at-risk agency on behalf of an individual at risk

Note:  If the petition is filed by a person other than the individual at risk, the petitioner shall serve a copy of the petition on the individual at risk.

Note:  If anyone other than the individual at risk petitions for the restraining order, the court must appoint a guardian ad litem.

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)

Individual At Risk 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 or Representative 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 or Representative to complete all blanks
    2. Petition must be signed by a notary, which is available at the courthouse.
    3. The petitioner or representative 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 or Representative 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 or Representative to complete top section with petitioner's name and respondent's name and address.

Confidential Address Information (Word)

Petitioner or Representative 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 or representative 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.

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

 

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).