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Form Cv-405 - Petition For Temporary Restraining Order And/or Petition And Motion For Injunction Hearing Page 3

(Harassment)

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Case No.

Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing

SERVICE ON RESPONDENT

Before the injunction hearing, it is the petitioner’s responsibility to contact the sheriff’s office or

other process server to verify that the documents were served and proof of service is filed with

the Clerk of Circuit Court. The court will not do this for the petitioner. If available in your county,

another way to verify if the documents were served is to register with VPO (VINE Protective

Order) on its website at

If the respondent cannot be personally served with Temporary Restraining Order and Notice of

Injunction Hearing: Harassment (CV-406), the respondent can be served by publication using

Publication Notice form (CV-505).



The petitioner must file with the court an affidavit stating that service of the respondent

by the sheriff or a private process server was unsuccessful because the respondent

was avoiding service by concealment or otherwise. The petitioner should get this

affidavit from the sheriff or private process server.



The petitioner also must send the Temporary Restraining Order and Notice of

Injunction Hearing: Domestic Abuse (CV-403) form to the respondent via mail or

facsimile and must provide proof of transmission (e.g. certified mail receipt, affidavit of

mailing or faxing). The mailing or sending of a facsimile may be omitted if the post-

office address or facsimile number cannot be ascertained with due diligence.

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.

If a service fee is required by the sheriff under §814.70(1), Wis. Stats., the petitioner shall pay

the fee directly to the sheriff. If the court checks box number 3. Under “The Court Orders”

section of the Temporary Restraining Order and Notice of Injunction Hearing (CV-406), no

service fee is required to be paid to the sheriff.



State of

Petitioner or Person filing on behalf of Petitioner

County of

Subscribed and sworn to before me on

Name Printed or Typed

Notary Public/Court Official

Date

Name Printed or Typed

My commission/term expires:

DISTRIBUTION:

1. Court

2. Petitioner

3. Person filing on behalf of the Petitioner

4. Respondent

5. Law Enforcement

6. Other:

CV-405, 05/16 Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment) §§48.25(6) and 813.125, Wisconsin Statutes

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

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Form Cv-405 - Petition For Temporary Restraining Order And/or Petition And Motion For Injunction Hearing Page 3

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