STATE OF WISCONSINCIRCUIT COURTRACINE COUNTY
BRANCH 7
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IN THE INTEREST OF:
Case No.
DOB
CHILD UNDER THE AGE OF EIGHTEEN.
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NOTICE OF MOTION AND MOTION TO VACATE INJUNCTION
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PLEASE TAKE NOTICE that on the ______, 2012, at ______, the respondent, by her attorney, Margaret Johnson, of the State Public Defender's Office, and upon all of the files, records, and proceedings heretofore had herein, will move the court to vacate the temporary injunction signed in the above referenced matter pursuant to § 48.42 (1m)(b) of the Wisconsin Statutes.
AS GROUNDS, the respondent asserts:
1.On [date], the court signed an ex parte order granting a Temporary Injunction Prohibiting Contact in the above referenced case.
2.On [date], a Summons and Petition for Termination of Parental Rights was filed in the above referenced case. The same date the clerk of courts received a copy of the Petition for Injunction of Prohibiting Contact and the signed Temporary Injunction Prohibiting Contact.
3.The signed Temporary Injunction does not designate a hearing time or date upon which the temporary injunction will be reviewed. Rather, it indicates that “contact or visitation by the parent(s) with the above-named-child is hereby prohibited until such as the matter may be heard by the court pursuant to Sec. 48.42 (1m)(b) WIS. STAT.”
4.Wisconsin Statute § 48.42(1m)(b) indicates that “the temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition to terminate parental rights under s. 48.422(1).”
Therefore, the defense moves the court for a hearing on the issuance of in the Temporary Injunction Prohibiting Contact.
DATED this 4th day of September, 2012.
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XXXXXX
Attorney for Respondent-Mother State Bar No. 0000000
[address]
STATE OF WISCONSINCIRCUIT COURTRACINE COUNTY
BRANCH 9
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IN THE INTEREST OF:
Case No. 000000
DOB
CHILD UNDER THE AGE OF EIGHTEEN.
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AFFADAVIT IN SUPPORT OF MOTION TO VACATE INJUNCTION
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STATE OF WISCONSIN)
) SS.
COUNTY OF RACINE )
I, [name], being first duly sworn, on oath depose and state as follows:
1.I am the biological mother of the above named child.
2.I currently reside at [residence] which is located at [address of residence] since [date].
3.I have been drug tested frequently by the staff at [residence]. I have never tested positive for any controlled substances that were not prescribed to me while at [residence].
4.I have most recently had contact with [residence] during visits at [residence]. I have been at [residence] since [month, year].
5.On [date], my family and I celebrated [child]’s [age] birthday with him. [child] has had recent contact with his grandfather [grandfather], and his brothers [brother] and [brother]. [child] has a substantial relationship with [grandfather] and refers to him as Papa.
Signature: ______
[name]
Subscribed and sworn to before me
This ____day of _____, 2012.
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Notary Public, State of Wisconsin
My Commission Expires-Permanent