Washington County

PROBATE/JUVENILE OFFICE

GUIDELINE: GL-3028 /

FILING A RESTRAINING ORDER – JUVENILE

(Harassment) / Revised:
August 3, 2016
Page 1 of 2

PLEASE NOTE:This Guideline is provided as a public service and is not intended to be legal advice. If you have any questions about the form orthe procedure, please contact an attorney as Probate/Juvenile staff members cannot give legal advice.

This packet is to be used to request a harassment restraining order in Juvenile Court. It is considered harassment if a person attempts, threatens, or does strike, shove, kick or otherwise subjects another person to physical contact; or repeatedly acts in a harassing or intimidating manner toward another for no legitimate purpose. It is commonly requested by victims of stalking.

This type of restraining order is heard in Juvenile Court because the respondent (person from whom protection is sought) is

  • 17 years of age or younger, (petition must indicate respondent’s date of birth)or
  • an adult, but the alleged victim is a child under protection and services in the Juvenile Court.

If these do not apply, then the petitioner may begin a civil court action; forms available from Clerk of Court.

The petitioner (person seeking the restraining order) can be either

  • an adult filing as the alleged victim, or
  • a parent, attorney, or other adult filing on behalf of an alleged child victim.

The court reviews the Petition for a temporary restraining order, may grant it and then sets it for the Injunction hearing to be held within 14 days of the date the temporary restraining order (TRO) was granted. If after the hearing, the court grants the petitioner’s request, the temporary restraining order becomes an Injunction that can remain in effect for up to four years. If protection is necessary for more than four years, the petitioner must file a new request.

Petitions for Juvenile Harassment Restraining Orders are filed in the county in which the harassment occurred,orwhere the petitioner resides,orwhere the respondent resides.

More information can be found in Wisconsin Statutes §§48.25(6) and 813.125 which can be accessed on-line

here. (http://docs.legis.wisconsin.gov/statutes/prefaces/toc)

Filing Fee - The filing fee is waived pursuant to Section 48.25(6), Wis. Stats.

TO PETITION THE COURT FOR A TEMPORARY RESTRAINING ORDER,please file the following:

Form Number / Name of Form
JC-1693 / Petition in Juvenile Court for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing
CV-406 / Proposed Temporary Restraining Order and Notice of Injunction Hearing (complete top portion only)
CV-502 / Confidential Address Information in Domestic Abuse and Harassment Temporary Restraining Order and Injunction Actions

Washington County

PROBATE/JUVENILE OFFICE

GUIDELINE: GL-3028 /

FILING A RESTRAINING ORDER – JUVENILE

(Harassment) / Revised:
August 3, 2016
Page 2 of 2

Please remember, court staff are only allowed to answer basic procedural questions and may not give legal advice. If at anytime, you feel overwhelmed or confused, you may want to consider consulting with or hiring an attorney at your own expense. Youmay also contact Friends for Abused Families at(262)334-5598 for possible assistance.

Juvenile court staff will take your completed petition to be reviewed by a court official. You can either wait or have staff contact you when it is ready for you to pickup. If the court official grants the TRO and accepts the case for filing, juvenile court staff will:

  • Schedule a hearing on the petition with the Circuit Court Commissionerwithin 14 days including weekends and insert the hearing date on the Notice of Injunction Hearing (CV-406)
  • This temporary order remains in effect until the hearing.
  • Provide four (4)copies to youfor proof if there is an incident between now and the hearing(JC-1693 & CV-406): 1 copy for you to keep on your person, 1 copy to the Sheriff’s Department where the you reside to have on file (if other than Washington County), and 2 extra copies to be used as needed (ie: place of employment, family, school, local police department, Friends of Abused Families, etc)
  • Deliver Petition and TRO/Notice to the Sheriff’s Department for service.
  • As a courtesy, fax the TRO/Notice to the sheriff in the county in which the respondent lives. This copy is only to inform the sheriff of the TRO/Notice.
  • Appoint a Guardian ad Litem (GAL) to represent the best interests of each of the minors involved in the case.

You are responsible for the cost of serving the Respondent. You are responsible for obtaining the proof of service from the sheriff’s department that served the documents.

The court officialcan grant an extension of the temporary restraining order, either upon written consent of the parties or once for 14 days upon a finding that the respondent was not served with the temporary restraining order and petitioner exercised due diligence in obtaining service. The court personnel who schedule the new hearing shall complete Order Extending Time for Hearing (CV-408) for this purpose.

PRIOR TO THE INJUNCTION HEARING, you must file the Proof of Service, which is obtained from the Sheriff’s Department after the documents have been served on the party(s).

  • YOU must appear at the court hearing. Arrive no later than 15 minutes before your court hearing time. You should bring any witnesses you want to testify, bring any proof or evidence and be prepared to tell the court official the details of what happened.
  • When your case is called, the clerk will direct you where to sit. Be prepared to present your case (witnesses and evidence) and testify under oath.
  • If the court officialgrants the Injunction (CV-407), either the Respondent will be served in court or you must have the Respondent served with the Injunction through the Sheriff’s Department.

Please note: It will be up to the petitioner to contact the sheriff’s department to report any violations. If violated, the respondent maybe charged with a crime and may be sentenced to jail.

Phone: (262) 335-4334 / Washington County Courthouse / Room 3135
Fax: (262) 306-2224 / 432 East Washington Street / Office Hours:
Office Website: / P.O. Box 1986 / Monday – Friday
/ West Bend, WI 53095-7986 / 8:00 a.m. – 4:30 p.m.