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How do I file a Child Abuse Restraining Order?

A child abuse restraining order would be filed if the respondent has engaged in, or based on prior conduct of the child and the respondent may engage in:

Physical injury inflicted on the child by other than accidental means.
Sexual intercourse or sexual contact contrary to §940.225, 948.02, 948.025, 948.095, Wis. Stats.
Sexual exploitation of the child contrary to §948.05, Wis. Stats.
Permitting, allowing or encouraging the child to violate the prostitution laws contrary to §944.30, Wis. Stats.
Exposing genitals or pubic area to the child contrary to §948.10, Wis. Stats. Causing the child to expose genitals or pubic area contrary to §948.10, Wis. Stats.

Emotional damage to the child as defined in §48.02(1)(gm), Wis. Stats
There is no filing fee to file a child abuse restraining order. In addition there is also a service fee charged by the Sheriff’s Department. If the petitioner believes himself or herself to be indigent he or she may complete a petition for Waiver of Filing and Service Fees.

Upon determining that you need to file a child abuse restraining order you would obtain the petition from the Clerk of Court’s office. Upon completion of the petition and the issuance of a temporary restraining order a court date is scheduled. It is the sole responsibility of the petitioner to have the respondent served with the temporary restraining order by the Sheriff’s Department in the county where he or she resides. The temporary restraining order will be in effect from the date of issuance until the court date.

The petitioner must appear at the scheduled court date, failure to appear will result in the temporary restraining order being dismissed. If the respondent has been served and does not appear at the hearing the petitioner may request the court enter an Injunction against the respondent for up to 2 years or until the child victim attains 18 years of age, whichever occurs first. If the respondent appears and contests the temporary restraining order a hearing will be held by the Court and a decision will be made.

Upon the issuance of an Injunction entered against the respondent it is mandatory to prohibit him or her from possessing any firearms until the expiration of the Injunction. (i.e. handguns, shotguns, rifles, antique firearms, etc.)

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