In the legal landscape of Wisconsin, navigating the procedure for contesting decisions about temporary restraining orders or injunctions is facilitated by the CV-503 form, a crucial document for individuals seeking a new hearing. This form caters specifically to those who are unsatisfied with the determinations made by a circuit court commissioner regarding restraining orders or injunctions, offering a pathway to request what is known as a de novo hearing. Such a hearing grants the petitioner the opportunity to present their case anew, directly to a circuit court judge, effectively bypassing the initial judgment. The form outlines the requirement for the action to be taken within a 30-day window following the commissioner's decision and emphasizes the petitioner's responsibility to notify other involved parties of their request. Moreover, it delineates the types of actions—spanning domestic abuse, child abuse, harassment, and situations involving individuals at risk—that can be re-examined under this motion. Given its role in ensuring that all parties have the opportunity to have their voices heard and evidence reconsidered, the CV-503 form is an essential tool in the justice process, embodying the legal system's commitment to fairness and the right to appeal.
| Question | Answer |
|---|---|
| Form Name | Form Cv 503 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | CV 503.pdf formNumber CV 503 formType Form formatId 2 language% motion for de novo hearing tro or injunction form |
PRINT in BLACK ink |
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STATE OF WISCONSIN, CIRCUIT COURT, |
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Petitioner: |
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Motion for De Novo Hearing |
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Protected Person: |
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on a Temporary Restraining |
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(if different than |
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Order or Injunction |
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Petitioner) |
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Respondent: |
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Address: |
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Case No. |
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For Official Use
This notice must be filed with the court within 30 days after the circuit court commissioner issued a determination on the
temporary restraining order or injunction. The case was decided by a circuit court commissioner on: (Date). A de novo hearing will not be allowed unless this motion is filed within that time limit.
1. I am the |
petitioner |
respondent in |
a Temporary Restraining Order; OR
an Injunction.
2. The Temporary Restraining Order or Injunction was the following type of action:
Domestic Abuse
Child Abuse
Individual at Risk Harassment
I request a de novo hearing before a circuit court judge.
I understand it is my responsibility to mail or deliver copies of this motion to all other parties and their attorneys, if any, and I must prove that I have done so before a circuit court judge can hold a de novo hearing on an injunction. (There are no parties to serve if the original decision made by a circuit court commissioner was a denial of a temporary restraining order.)
A de novo hearing means a circuit court judge conducts a new hearing on the temporary restraining order or injunction. The circuit court judge does not have to consider the record which was before the commissioner, but conducts the hearing as if the earlier hearing before the circuit court commissioner never occurred. This means that any evidence presented to the circuit court commissioner must be presented again, and any witnesses that testified must testify again, in order for the judge to consider the evidence or witness testimony.
Signature of Party
Date
Attorney Name, Law Firm, Address, and Telephone Number
Attorney's State Bar Number
FOR USE BY THE COURT ONLY A de novo hearing shall be held:
See hearing date information below;
Date
Time
Location
Judge
A separate notice of hearing will be mailed to you.
§813.126, Wisconsin Statutes |
This form shall not be modified. It may be supplemented with additional material.