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Petition for Temporary Restraining Order

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Petition in Juvenile Court for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse)

CONFIDENTIAL COURT RECORD

JC-1690, 05/16 Petition in Juvenile Court for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse)

§§48.25(6), 813.122 and 814.04, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY For Official Use

Name of Child:

Name of Petitioner: (if not the Child)

Respondent/Defendant:

Address:

Case No.

Amended

Petition in Juvenile Court for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing
(Child Abuse – 30710)

Respondent’s:

Sex

Race

Date of Birth

Height

Weight

Hair color

Eye color

Please specify Child’s relationship(s) to Respondent:

spouse former spouse person in dating relationship current or former live-in relationship

cousin sibling parent step parent

adoptive parent grandparent child (biological/adoptive/step)

other:

Respondent’s Distinguishing Features: (such as scars, marks or tattoos)

None known.

Respondent has access to weapon(s). Type of weapon(s):

Location of weapon(s):

Weapon(s) were involved in an incident (past or present) involving the child.

I PETITION THE COURT for a temporary restraining order and/or injunction against the respondent under §813.122, Wisconsin Statutes, based on the following:

1. The petitioner is the child. parent. stepparent. legal guardian. agency involved in CHIPS proceeding.

2. The name of the child is and date of birth is

3. The respondent is is is not a parent of the child.

4. The respondent is a child. an adult and there is a pending CHIPS action in the juvenile court involving the child victim.

5. The respondent has engaged in, has threatened to engage in, or based on prior conduct of the child and the respondent, may engage in: [Mark any of the following boxes that apply]

a. physical injury inflicted on the child by other than accidental means.

b. sexual intercourse or sexual contact contrary to §§940.225, 948.02, 948.025, 948.095, Wis. Stats.

c. sexual exploitation of the child contrary to §948.05, Wis. Stats.

d. permitting, allowing or encouraging the child to violate prostitution laws contrary to §944.30, Wis. Stats.

e. forcing the child to view sexual activity contrary to §948.055, Wis. Stats.

f. exposing genitals or pubic area to the child contrary to §948.10, Wis. Stats.

g. causing the child to expose genitals or pubic area contrary to §948.10, Wis. Stats.

h. emotional damage to the child as defined in §48.02(1)(gm), Wis. Stats.

i. manufacturing methamphetamines contrary to §48.02(1)(g), Wis. Stats.

CAUTION: (Check all that apply)

6. Stated below or attached as part of this petition is a statement of facts indicating that the respondent has engaged in, or based on prior conduct of the child and the respondent, may engage in abuse of the child.

(State when, where, what happened, and who did what to whom) See attached

7. Another no contact order between the child and the respondent

does not exist or the petitioner/child does not know or is uncertain as to whether another no contact order exists.

does exist.

Name of other case:

County or State:

Type of Case:

Case Number:

Date of proceeding that resulted in no contact order:

Details of no contact order:

8. If the respondent is the parent or legal guardian of the child or has court-ordered visitation with the child, the petitioner must complete the Uniform Child Custody Jurisdiction and Enforcement Act Affidavit form (GF-150), which the clerk shall keep confidential and not disclose to the respondent.

I REQUEST THE COURT: [Mark any of the following boxes that apply]

1. Issue a temporary restraining order requiring the respondent to

a. avoid the child’s residence and/or any premises temporarily occupied by the child.

b. avoid contacting the child or causing any other person to have contact with the child in any way unless the court agrees such contact is in the best interest of the child.

Contact includes: contact at child’s home, work, school, public places, in person, by phone, in writing, by electronic communication or device, or in any other manner.

c. refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet.

d. allow the petitioner or a family member or household member of the petitioner acting on his/her behalf to retrieve a household pet.

e. Other:

2. Set a time for a hearing on the petition for an injunction requiring the respondent to

a. avoid the residence of the child and any premises temporarily occupied by the child.

b. avoid contacting the child or causing any other person to have contact the child in any way unless the court agrees such contact is in the best interest of the child.

Contact includes: contact at child’s home, work, school, public places, in person, by phone, in writing, by electronic communication or device, or in any other manner.

c. refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet.

d. allow the petitioner or a family member or household member of the petitioner acting on his/her behalf to retrieve a household pet.

e. Other:

3. If the temporary restraining order is denied, the child/petitioner asks the court to schedule an injunction hearing.

4. Issue an injunction against the respondent for not more than two years, or until the child reaches 18 years of age, whichever occurs first.

Order the wireless telephone service provider to transfer to the petitioner each telephone number(s) he/she or a minor child in his/her custody uses.

The provider will transfer to the petitioner all financial responsibility for and right to the use of any telephone number(s) transferred. (See form CV-437, Wireless Telephone Transfer Service in Injunction Case.)

Page 3 of 3

5. Order the injunction, which is in effect for not more than 5 years, if the court finds a substantial risk respondent may commit 1st or 2nd degree intentional homicide, or 1st, 2nd or 3rd degree sexual assault against the child.

6. Set reasonable or necessary child support.

7. Appoint a guardian ad litem for the child.

SERVICE ON RESPONDENT

Before the injunction hearing, it is the child's/petitioner's responsibility to contact the sheriff’s office or private process server to verify that the documents were served and proof of service filed with the Clerk of Circuit Court. The court will not do this for the child/petitioner.

If a temporary restraining order is granted, and you choose to have the sheriff’s office serve the documents on the respondent, it is your responsibility to contact the sheriff’s office before the injunction hearing to verify that the documents were served and proof of service has been filed with the Clerk of Circuit Court. The court will not do this for you.

The clerk of circuit court shall forward the temporary restraining order to the sheriff and the sheriff shall assist the petitioner in serving the temporary restraining order.

State of

County of

Subscribed and sworn to before me on

Notary Public/Court Official

Name Printed or Typed

My commission/term expires:

▶

Petitioner

Name Printed or Typed

Date

DISTRIBUTION:

1. Original - Court

2. Petitioner (Child)

3. Person filing on behalf of the child

4. Respondent

5. Guardian ad Litem, if appointed

6. Law Enforcement

7. Other:

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What a Petition for Temporary Restraining Order Is and When it’s Used

A Petition for Temporary Restraining Order is a sworn pleading filed with a court asking for immediate, short-term relief that limits another party’s actions while the court considers a longer-term injunction. Petitions are used in civil contexts such as domestic violence, stalking, harassment, workplace safety, and business disputes where urgent protection or preservation of evidence is needed. The petition explains the facts, requests specific protections (stay-away, no-contact, asset freeze), and typically asks the court to set a hearing for a more durable preliminary injunction. Time-sensitive service and accurate factual statements are critical to success.

Why a Proper Petition Matters for Immediate Protection

A correctly prepared petition lets the court quickly evaluate urgent risk and decide whether immediate restraints are warranted, preserving safety or assets and preventing irreparable harm.

Why a Proper Petition Matters for Immediate Protection

Who Typically Prepares and Files These Petitions

The petition is most often prepared by litigants, attorneys, or court self-help centers when urgent court intervention is required.

  • Pro se litigants seeking immediate safety or property protection
  • Civil litigators and family law attorneys drafting evidence-based petitions
  • Victim advocates and legal aid organizations assisting high-risk individuals

Choose representation or assistance when facts are complex, when immediate service is required, or when state rules on emergency relief and evidence are unfamiliar.

Essential Parts of a Professional Petition for Temporary Restraining Order

A complete petition groups factual allegations, legal basis, requested relief, supporting evidence, declaration under penalty of perjury, and proposed orders so the judge can grant temporary relief ex parte or after notice.

Caption

Court name, case number (if known), plaintiff and defendant names and addresses; ensures correct court and parties are identified.

Statement of Facts

Concise chronological allegations of conduct causing harm, with dates, locations, and witnesses to support urgency.

Legal Grounds

Statutes or common-law causes of action cited to explain the court’s authority to issue emergency relief.

Requested Relief

Specific prohibitions or commands requested (no contact, stay-away, asset freeze, evidence preservation) with clear scope and duration.

Declaration

Signed statement under penalty of perjury attesting to the truth of the facts and identifying attached exhibits.

Proposed Order

A ready-to-sign draft order the judge can enter, precisely matching the relief requested in the petition.

Required Information and Fields at a Glance

Petitioner Name: Full legal name
Respondent Name: Full legal name
Addresses: Street, city, state, ZIP
Incident Details: Dates, locations, summary
Relief Requested: Specific prohibitions
Signature: Signed under penalty of perjury

Step-by-Step: Preparing and Filing a TRO Petition

Follow these steps to prepare a clear petition, submit it to the correct court, and arrange service so emergency relief can be considered promptly.

  • 01
    Prepare petition: Draft facts, relief, and proposed order.
  • 02
    Attach evidence: Include declarations, photos, records.
  • 03
    File with court: Submit to clerk by e-file or in person.
  • 04
    Arrange service: Serve respondent per local rules.

How to Configure an Online TRO Workflow

Set up an online workflow to collect sworn statements, signatures, and supporting exhibits in the correct order for filing and service.

Field Configuration
Petitioner Signature Required; verify identity before signing
Upload Exhibits Allow PDFs, images; name files clearly
Authentication Use email + SMS code or stronger methods
Export Format Export as PDF/A with audit trail

Digital Signing and eSubmission Requirements

Ensure your eSignature workflow meets legal and court technical expectations before relying on electronic execution and transmission.

  • File formats: PDF, DOCX accepted by many courts
  • Audit trail: Timestamp, IP, and signer attribution
  • Authentication: Email + SMS or higher assurance

Confirm local court e-filing rules and any requirements for original signed declarations, notarization, or in-court filing prior to electronic submission.

Where to File and How the Court Processes Emergency Petitions

Petitions are filed in the court with jurisdiction over the subject matter or the respondent’s residence; many courts allow ex parte petitions for immediate, short-term relief.

  • File with clerk: Submit petition and proposed order to the correct court.
  • Ex parte review: Judge reviews facts and may grant temporary relief.
  • Service: Respondent must be served per local rules.
  • Hearing set: Court schedules a follow-up hearing for continued relief.

Key Timing Considerations and Court Deadlines

Timing affects whether relief can be granted ex parte, how long a temporary order lasts, and deadlines for serving the respondent and appearing at hearings.

Ex parte relief duration:

Often 10–14 days pending a hearing

Hearing window:

Court typically sets a hearing within 7–21 days

Service deadline:

Respondent must be served before the hearing per local rules

Requesting extension:

File timely motion before order expiration

Emergency calendar:

Some courts hear TROs daily for urgent matters

Common Mistakes to Avoid When Preparing a TRO Petition

  • Incomplete factual timeline that omits recent incidents and weakens urgency
  • Vague relief requests that the court cannot enforce or interpret
  • Failure to attach supporting evidence such as declarations or photos
  • Incorrect service method or missed service deadlines that void relief

Consequences of Errors or False Statements in a Petition

Denial of relief: Court may refuse emergency protection
Contempt risk: Violations of orders can lead to contempt sanctions
Perjury exposure: False sworn statements may trigger criminal charges
Civil liability: Improper orders can prompt counterclaims
Service defects: Improper service may vacate an order
Delay costs: Missed deadlines prolong harm and legal expense

Real-world Use of eSignature and Secure Workflows for Court Documents

Legal and compliance teams use secure eSignature platforms to collect sworn declarations and streamline filing preparation while preserving audit trails.

Case Study 1

Dan Rotelli, CEO at BIS, reported confidence in compliance-focused tools

  • Security focus enabled audited workflows
  • The firm favored solutions with SOC 2 certification and ESIGN/UETA alignment when preparing time-sensitive court filings.

Case Study 2

Brian Fitzgibbons, COO at Optica Ventures LLC, emphasized usability for internal and external users

  • Easy interface reduced back-and-forth document delays
  • The organization used digital workflows to accelerate signature collection while maintaining clear audit records.

Comparing eSignature Options for Filing and Executing TRO Petitions

Compare starting price, trial availability, bulk send capability, audit trails, HIPAA compliance, and envelope caps to choose an eSignature provider that meets court and privacy requirements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (tiered) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Varies by plan Varies by plan Varies by plan Varies by plan
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions — Troubleshooting Common TRO Issues

Answers to frequently encountered questions about preparing, filing, and serving emergency restraining order petitions.


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