Child Abuse Restraining Order

The information contained on this web page is provided as a courtesy to members of the public, and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service at (800) 362-9082 for additional assistance.

A child abuse restraining order is requested generally by parents, step-parents, or legal guardians to protect individuals under the age of 18 from physical injury (other than accidental); sexual intercourse, contact or exploitation; prostitution, forced viewing or sexual activity, genitals, or pubic area; an individual who caused the child emotional damage for which the child victim’s parent, guardian or legal custodial has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to relieve the symptoms; or threats to do any of the above.

NOTE: If the child victim is involved in a CHIPS (Children in Need of Protection or Services) action or when the respondent is a child, the Juvenile Restraining Order/Injunction forms are to be completed. View information regarding Juvenile Restraining Orders and Injunctions. 

Who may petition for child abuse (Adult Respondent)?

  1. Child victim
  2. Parent of child victim
  3. Stepparent of child victim
  4. Guardian of child victim

Against whom may the Petitioner bring an action?

  1. An adult who engaged in child abuse
  2. Claim of emotion damage can be brought against a parent, guardian, or legal custodian who has neglected, refused, or been unable for reasons other than poverty to obtain necessary treatment or take steps to ameliorate the symptoms. 

Guardian ad Litem (GAL)

There are two situations where a Guardian ad Litem may be appointed for the child:

  1. The Court can appoint a Guardian ad Litem on its own motion, or the motion of the parties.
  2. The Court shall appoint a Guardian ad Litem if the Respondent is a parent of a child. 

Filing Fee

There is no fee to file a petition for child abuse restraining order/injunction. 

Guardian ad litem fees may be assessed. 

Child Abuse (Adult Respondent) Forms

Form CV-413 (PDF) Temporary Restraining Order (Temporary Order of Protection) and Notice of Injunction Hearing (Child Abuse – 30710)

  • Petitioner to complete the caption (top section of page 1) with the petitioner’s name, date of birth, and Respondent’s name and address. 

Form CV-412 (PDF) Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Child Abuse – 30710)

Form CV-447 (PDF) Notice and Order for Injunction Hearing When Temporary Restraining Order is Not Issued – Child Abuse

  • Petitioner to complete the caption (top section of page 1) with the petitioner’s name, date of birth, and Respondent’s name and address. 

Form CV-420 (PDF) Respondent’s Information for Sheriff to Effect Service

  • Petitioner or Representative to complete all fields.

Form CV-502 (PDF) Confidential Address Information in Domestic Abuse, Child Abuse, Individual at Risk; and Harassment Temporary Restraining Order and Injunction Actions

  • Petitioner to complete all fields.

Form CV-804 (PDF) Information for Respondents Regarding the Surrender and Return of Firearms

  • For informational purposes only- nothing is completed on this form by either party

Form CV-800 (PDF) Respondent’s Statement of Possession of Firearms

  • Petitioner to complete the caption (top section of page 1) with the Respondent’s name, address, and telephone number
  • After the Respondent is personally served with the documents, Respondent is required to complete the form and bring it to the Injunction Hearing. 

Form CV-801 (PDF) Petitioner’s Statement of Respondent’s Possession of Firearms

  • Petitioner to complete all fields.

The following forms are also required when: 

1. The Respondent is the parent or legal guardian of the child, or has court-ordered visitation.

  • Form GF-150 (PDF) Uniform Child Custody Jurisdiction and Enforcement Act Affidavit
  • Petitioner is to complete all fields. 

2. A Guardian ad Litem is needed:

  • Form GF-131A (PDF) Order Appointing Guardian ad Litem or Attorney
    • Petitioner to complete the case caption and the first paragraph before THE COURT ORDERS:.  
  • Form GF-131B (PDF) Consent to Act
    • Petitioner is to complete the case caption