Individual at Risk 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.

There are two categories of people that qualify under the definition “individual at risk”:

  1. An “elder at risk” is a person who is age 60 or older who has experienced or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.
  2. An “adult at risk” is any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation. 

Who may petition?

  1. Individual at risk
  2. Any person acting on behalf of an individual at risk 
  3. An elder-adult-at risk agency of an individual at risk
  4. Adult-at-risk agency on behalf of the individual at risk

Against whom may the Petitioner bring an action?

Adult who has interfered with, or based on prior conduct of the person may interfere with, an investigation of the individual at risk, the delivery of protective services to the individual at risk under §55.05, the delivery of protective placement under §55.05 or the delivery of services to an elder adult at risk under §46.90(5m); and

The interference complained of, if continued, would make it difficult to determine whether physical abuse, emotional abuse, sexual abuse, treatment without consent and unreasonable confinement or restraint, financial exploitation, neglect, or self-neglect has occurred, is occurring or may recur.

Adult engaged in the physical abuse, emotional abuse, sexual abuse, treatment without consent and unreasonable confinement or restraint, financial exploitation, neglect, harassment or stalking of an individual at risk or the mistreatment of an animal. 

Note: If anyone other than the individual at risk petitions for the restraining order, the court must appoint a guardian ad litem. 

Note: If the petition is filed by a person other than the individual at risk, the petitioner shall serve a copy of the individual at risk. 

Jurisdiction

The Petitioner may file for a temporary restraining order/injunction in the county where the Petitioner resides; or where the Respondent resides; or where the incident occurred. 

Guardian ad Litem

There are two situations where a Guardian ad Litem may be appointed for an individual at risk:

  1. If the petition for temporary restraining order was filed by someone other than the individual at risk, the Court can appoint a guardian ad litem on its own motion, or the motion of the parties. 
  2. The Court can appoint a Guardian ad Litem in other instances when required.

Fees

There is no fee to file a petition for individual at risk restraining order/injunction. 

Guardian ad litem fees may be assessed.

Individual at Risk Forms

Form CV-429 (PDF) Temporary Restraining Order (Temporary Order of Protection) and Notice of Injunction Hearing (Individual at Risk – 30713)

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

Form CV-428 (PDF) Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Individual at Risk – 30713)

  • Petitioner or Representative to complete all blanks.
  • The petitioner or Representative should prepare a written statement listing the incidents of abuse, neglect, harassment, etc. and attach the statement to the petition. View the Temporary Restraining Order Statement of Facts Form (PDF). 

Form CV-448 (PDF) Notice and Order for Injunction Hearing When Temporary Restraining Order is Not Issued – Individual at Risk

  • Petitioner or Representative to complete the case 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 blanks

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

  • Petitioner or Representative to complete all blanks

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 or Representative to complete the case 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 or Representative to complete all blanks

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