TEMPORARY RESTRAINING ORDER

What is a Temporary Restraining Order?

A temporary restraining order is a court order issued to prevent contact between (the Petitioner) the person requesting the order and against (the Respondent) the person whom is to not have contact with the Petitioner.  There can only be one Petitioner and one Respondent per action.

If granted, the temporary restraining order is in effect until the time of an Injunction Hearing.

A restraining order reference to a juvenile (petition in juvenile court) means a respondent under 18 years of age.  The age of the petitioner does not dictate whether or not the restraining order will be a juvenile action, rather it is the age of the respondent.

Temporary Restraining Orders (TROs) take approximately 60 minutes to process. Please plan on arriving no later than 3:30 PM to ensure same-day issuance.

 

What types of Restraining Orders are available?

 

Are there Restraining Order Fees?*

*All cases could have publication costs if no service can be obtained on the respondent. Please diligently fill in the Sheriff worksheet for service; this will save you time and money.  Click link to view Dane County Sheriffs Civil Process and Fees.

 

What if I cannot afford the fees?

 See Fee Waiver section below

 

Restraining Order Court Forms

 

Review the types of restraining orders. In order to obtain a restraining order:

       Click link to view: Restraining Order Checklist

       Click link to view E-filing Restraining Order Checklist

       E-filing step-by-step link. https://www.wicourts.gov/services/public/selfhelp/restord.htm

       Click Go to Forms Assistant.

                             Or

       Choose which type of restraining order you need.

  1. Download all of the forms listed below the correct category.
  2. All forms must be compete and submitted to the court at time of filing.
  3. Required forms for E-filed and paper filed are not all the same . See checklist.
  4. Paper filing -Prepare to be at Clerk of Court’s Office at least 1 hour to process forms. The Clerk of Court’s Office closes promptly at 4:30 pm.  Arrival by 3:30 pm is preferred. If arrival is too late, you may have to come back the next day to finish the process.
  5. Follow all steps in the Checklist.
  6. Forms go to different agencies.  Each agency needs completed forms or your case may not progress and you may incur costs.
  7. Cases involving a juvenile will have GAL fees assessed.  See fees.
  8. If you need assistance with your forms please see Forms Assistance.
  9. VINE Protective Order Flyer (Provides notification to petitioner when the respondent is served.) Juvenile cases will not show up in Vine.

 

Types of Restraining Orders

Domestic Abuse*

*The Petitioner and Respondent must both be 18 years of age or older to qualify for a Domestic Abuse Restraining Order.

      CV-800, CV-432  and CV-804 Must print and include for Respondent:
      Information for Respondents Regarding the Surrender and Return of Firearms, Respondent’s Statement of Possession of Firearms and
      Notice of Firearm Possession Penalties.

Harassment (Against an Adult 18 yrs. or older)

       CV-800, CV-432  and CV-804 Must print and include for Respondent:
      Information for Respondents Regarding the Surrender and Return of Firearms, Respondent’s Statement of Possession of Firearms and
      Notice of Firearm Possession Penalties.

Child Abuse (only used when the child victim is involved in a CHIPS (Children in Need of Protection or Services) action OR when respondent is a child (under 18 yrs. old).

       CV-800, CV-432  and CV-804 Must print and include for Respondent:
      Information for Respondents Regarding the Surrender and Return of Firearms, Respondent’s Statement of Possession of Firearms and
      Notice of Firearm Possession Penalties.

 

Child Abuse all other child abuse cases

       CV-800, CV-432  and CV-804 Must print and include for Respondent:
      Information for Respondents Regarding the Surrender and Return of Firearms, Respondent’s Statement of Possession of Firearms and
      Notice of Firearm Possession Penalties.

Harassment (Respondent is a minor under 18 years of age)

       CV-800, CV-432  and CV-804 Must print and include for Respondent:
      Information for Respondents Regarding the Surrender and Return of Firearms, Respondent’s Statement of Possession of Firearms and
      Notice of Firearm Possession Penalties.

 

Individual at Risk

       CV-800, CV-432  and CV-804 Must print and include for Respondent:
      Information for Respondents Regarding the Surrender and Return of Firearms, Respondent’s Statement of Possession of Firearms and
      Notice of Firearm Possession Penalties.

 

Fee Waiver Documents – Must paper file

Complete Form - Petition for Waiver Fees and Costs –Affidavit of Indigency and Order on Petition for Waiver of Fees and Costs Form No. CV-410A & CV-410B and submit in person at Dane County Clerk of Court’s Office ROOM 1000. Specify what fees you are wanting waived: GAL fees, Filing fees, Service Fees or Publication Fees. Your fee wavier will be reviewed and approved or denied based upon standard guidelines. A Judge may also order partial payment.  Forms are also available in the Law Library L1007.

 

 

 Service Documents

 

Additional Restraining Order Documents

 

Other Sources for Forms

Wisconsin State Law Library's Legal Forms
Wisconsin Court System Circuit Court Forms

Forms Assistance

Domestic Violence Resources for Dane County
https://law.wisc.edu/eji/familycourt/dvresources.html

DAIS - Domestic Abuse Resourses for Dane County
2102 Fordem Ave
Madison, WI 53701
608-251-4445
Monday-Friday 8:30 -4:30
https://da.countyofdane.com/restraining_order.aspx
https://abuseintervention.org/help/legal-help/

 

VOCA Restraining Order Clinic
Law Library Dane County Court House
608-263-9574

https://law.wisc.edu/eji/voca/