Free 080-806 - Wisconsin

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PROCEDURES PROCEDURES FOR FILING CIVIL ABUSE CHILD ABUSE RESTRAINING ORDERS

PROBATE OFFICE Dane County Courthouse 215 South Hamilton St., Room 1005 Madison, Wisconsin 53703-3285 Closed on weekends.

PURPOSE: To obtain a court order which will prevent someone who has physically abused or threatened a child with physical abuse from coming to the child's residence and/or having contact with the child. Law enforcement shall make an arrest if the abuser knowingly violates the order. This order does not cover custody disputes, support payments, or any other actions affecting the family.

Step 1:

Before filling out the forms, read the following criteria for eligibility: 1) You must be able to establish that the child is a victim of abuse as defined in Wisconsin State Statutes. Child abuse means any of the following: a. b. c. d. Physical injury inflicted on the child by other than accidental means. Sexual intercourse or sexual contact contrary to Wisconsin Statutes. Sexual exploitation of the child contrary to Wisconsin Statutes. Permitting, allowing, or encouraging the child to violate the prostitution laws contrary to Wisconsin Statutes. e. Forcing the child to view sexual activity contrary to Wisconsin Statutes. f. Exposing genitals or pubic area to the child contrary to Wisconsin Statutes. g. Causing the child to expose genitals or pubic area contrary to Wisconsin Statutes. h. Emotional damage to the child as defined in Wisconsin Statutes.

Step 2:

If you believe your case qualifies under the Child Abuse Statutes, fill out the forms as instructed below and return them to the Probate Office, ROOM 1005, Dane County Courthouse. There is no fee for filing this action. A. On the form captioned "NOTICE OF HEARING AND TEMPORARY RESTRAINING ORDER," only fill in the name and address of yourself petitioner (yourself or child) and the other party (respondent). B. On the form captioned "PETITION IN CIVIL COURT FOR TEMPORARY RESTRAINING ORDER AND/ OR INJUNCTION," fill in the name and address of petitioner (yourself or child) and the other party (respondent). Fill in the physical description of the respondent. Complete lines 1 and 2. On lines 3 and 4, check boxes which apply to your relationship to the respondent. C. Under number 5 on the form "PETITION," write in complete sentences the facts which you believe support your request for a child abuse temporary restraining order. If the child was physically threatened, state the exact words of the threat. If the child was physically abused, state specifically what the respondent did. Be specific as to what happened, who did it, and when it happened. Put in facts that indicate the child felt pain, did not consent, and feared for his/her safety because of the incident(s). You do not have to explain what led up to the incident. You will have to sign the Petition to affirm that your facts are true. D. Under the sentence, "I REQUEST THAT THE COURT," mark the boxes that apply. E. Complete the sheet entitled "DANE COUNTY INFORMATION SHEET." This is necessary so the Dane County Sheriff can serve the respondent. F. Complete the Fact Sheet ­ Request for Restraining Order.

G. Return the forms to the Probate Office, Room 1005. The Court Commissioner will review what you have written on the Petition to determine if you have the grounds to obtain the restraining order(s). H. If granted, the Court will assign a hearing date. YOU ARE REQUIRED to attend the hearing. The purpose of the hearing is to determine if an Injunction, for up to 2 years, should be issued against the respondent.

080-806 (1/06)

Step 3:

If the Temporary Restraining Order is signed, make 4 copies of the Petition and 4 copies of the Notice and then take the forms to the Clerk of Court's Office, Room 1000, Dane County Courthouse, to file the forms. The Clerk of Court will assign a Dane County case number. NOTE: If you fail to obtain a case number, the paperwork will not be accepted by the Sheriff's Office for service. The clerk should return the copies of the Petition and Notice to you after the case number has been assigned. You will take the copies to the Sheriff's Office, Civil Process Division, ROOM 2002 in the PUBLIC SAFETY BUILDING so that the respondent can be served if he/she resides in Dane County. If the respondent does not reside in Dane County, you must still take one copy to the Sheriff's Office. However, you must obtain either a private process server or the Sheriff in the county the respondent resides to serve the other 2 copies. There is no fee for this service. You will need to have an address where the Sheriff can serve the respondent. This is a very important step because the injunction against the respondent cannot be issued unless the respondent is served. If you want to know if the respondent was served with the Temporary Restraining Order, call 284-6824, Monday ­ Friday, (7:45 a.m. ­ 4:30 p.m.) or 266-9038 (after 4:30 p.m.). You may serve respondent by use of private process servers at your own expense. If you use a private process server, make sure you provide a copy of the service instructions to the process server. If the respondent makes contact with you before being served by Sheriff, call your local law enforcement agency and an officer may come and serve the respondent. Always call law enforcement if you are being contacted by the respondent. This is the agency that can enforce the order. KEEP YOUR COPY WITH YOU AT ALL TIMES. If you need further information, help in preparing for the hearing, assistance on a weekend, or a safe place to stay, services are provided by Domestic Abuse Intervention Services. Legal Advocacy Program (251-1237), Monday ­ Friday, 8:00 a.m. to 4:00 p.m. 24-Hour Crisis Line (251-4445 or 1-800-747-4045) TDD and language line.

Step 4:

W. WASHINGTON AVE.

CARROLL ST.

STATE PUBLIC DEFENDER'S OFFICE 17 S. Fairchild

S. FAIRCHILD ST.

S. HENRY ST.

MAIN ST.
N TO IL AM H S. . ST
MARTIN LUTHER KING, JR. BLVD.

CAPITOL SQUARE SOUTH RAMP

Step 4
W. DOTY ST.
Y T N E U US O C HO E RT N A U D O C

Step 3



PUBLIC SAFETY BUILDING



CITY-COUNTY BUILDING

W. WILSON ST.