Professional Documents
Culture Documents
o Amended
CHIPPEWA COUNTY For Olfrcial Use
PETITIONER/PROTECTED PERSON
NamttJfZ,er (F~~[e, Ut'-J1.:C_iL~,:=- Date of Birth of Protected Person
~
Name of Protected Person (if different than Petitioner) fltrt I gt; 12~&
-VS.-
RESPONDENTIDEFENDANT
SEX RACE HT WT
NOTIFICATIONSIWARNINGS TO RESPONDENT/DEFENDANT:
This order shall be enforced, even without registration, and is entitled to full faith and credit in every civil or criminal
court of any state,' the District of Columbia, any U.S Territory, and may be enforced by Tribal Lands (18 U,S.C, Section 2265;
Wis. Stats. 813.128) Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18
U S.C. Section 2262).
Federal law provides penalties for, and you may be prohibited from possessing, transporting, shipping. receiving or
purchasing a firearm, including, but not limited to, a rifle, shotgun, pistol, revolver, or ammunition, pursuant to 18 U.S.C,
922(g)(8). Additional notifications/warnings are on the following page of this temporary restraining order.
Violation of this temporary restraining order shall result in immediate arrest and is punishable by imprisonment not to
exceed 90 days or a fine not to exceed $1,000, or both, and payment of filing and service fees .
•. ,I
L,\
CV-40E. :l3l10 ":'er.-,p:lrary Rest~inir.g Orde: and No('cc of In:u~ctJC:1 Hearing f.'RO·Harassme:"otj \ ~
------_.- - §8~ 3, 12~. Y",s:;onSin Statutes
This form shatr not be rnodrtied. It may be supplemented with'edqJt,i?natlTT'lt!!rJat.-* , •
Pag~ 1 of 2 ... - , - •
Temporary Restraining Older and Notice of Injunction Hearing (TRO-Halassment) Page 2 of 2 Case No.
THE COURT FINDS:
.. 1. The petitioner has filed a petition alleging harassment under §813.125, Wisconsin Statutes.
2. This court has personal and subject matter jurisdiction .
. 3: There are reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or
. intimidate the petitioner as defined in §813. 125, Wisconsin ·Statutes.
4. The court orders a temporary restraining order and sets a date for an injunction hearing.
THE COURT ORDERS;
Location
2. Service of t is notice and order II be made at least hours prior to the hearing.
~ 3. The action may be commenced without payment of filing fees because the petition alleges conduct that is the
same as or similar to conduct that is prohibited under §940.32, or is intentional infliction of physical pain, physical
injuiy or illness; or is an intentional impairment of physical condition; or is a violation of §940.225( 1), (2) or (3); or is
a violation of §943.01 involving property that belongs tothe individual; or is a threat to engage in the above
mentioned conduct.
.@. 4. The respondent cease or avoid the harassment of the petitioner.
~ 5. The respondent avoid the residence and/or any premises temporarily occupied by the petitioner.
~ 6. The respondent avoid contact that harasses or intimidates the petitioner. Contact includes: contact at petitioner's
home, work, school, public places, in person, by phone, in writing, by electronic communication or device, or in any
. other manner .
Ji' 7. The sheriff to serve and assist in executing this petition for temporary restraining order and/or injunction and notice
of injunction hearing, if requested.
o 8: The sheriff to accompany the petitioner and assist in placinq the petitioner in physical possession of his/her
residence, if requested.
o 9. Other: (may not be inconsistent with remedies requested in I/le petition)
(Harassment is defined as: (a) Striking, shoving, kicking or otherwise subjecting the person to physical contact,' or (b)
Engages in an act that would constitute child abuse under §48.02(l); or (c) Sexual assault under §940.225; or (d)
Stalking under §940.32; or attempts or threatens /0 do same; or (e) Engages in a course of conduct or repeatedly
. commits acts which harass or intimidate the person and which serve no legitimate purpose.)
FAILURE TO APPEAR could result in an injunction being issued directing you to
• cease or avoid the harassment of the petitioner;
• avoid the petitioner's residence and/or any premises temporarily occupied by the petitioner;
• avoid contact that harasses or intimidates the petitioner.' Contact includes: contact at petitioners home, work, school,
public places, in person, by phone, in writing, by electronic communication or device, or in any other manner; AND
• follow any other orders made by this court
VIOLATION OF AN INJUNCTION if issued at this hearing shall result in your arrest and may result in the imposition of
crfrninal penalties regardless of whether you have been served a copy of the injunction. Service of a copy of this notice
of injunction hearing and the petition for the temporary restraining order and/or injunction is constructive knowledge of the
existence of the injunction.
THIS TEMPORARY RESTRAINING ORDER IS IN EFFECT UNTI THE INJUNCTION HEARING.
If you require reasonable accommodations to participate
in the court process due to a disability, please call
715-726-7758 prior to the
scheduled court date. Please note that the court does
not rovide trans ortation.
DISTRIBUTION:
t. Original-Court
2. PetitiOner
3. Respondent
4. Law ~nforcement
5 .. Other. __ -;-'- _
Petitioner.
Protected Person:
(It dirlerent from PeUlioner) --------------
o Amended
Petition for
--
Temporary Restraining Order
and/or Petition and Motion . -,~
Date of Birth of .i.! r:
... ;' .....
Protected Person:
r } InjunCtion Hearing ( ',;,1 :
_..=
, :c:c:.
-vs-
Respondent!
Defendant: Jt1VY1C5 < Cmtn61('
(Harassment - 30711)
.<~
Address:
lit
UNDER OATH, r PETITION THE COURT for a temporary restraining order/or and injunction against the respondent under
§813.125, Wisconsin Statutes, based on the following:
1. The petitioner is the IX!. adult 0 child 0 parent of child 0 stepparent of child 0 legal guardian for the child
against whom harassment has occurred.
2. Stated below or attached as part of this petition is a statement of facts indicating that respondent has engaged in
conduct which is believed to be harassment.
(Harassment is defined as: (a) Striking, shoving. kicking or otherwise subjecting the person 10
physical contact; or (b) Engaging in an act that would constitute child abuse under §48.02(J);
or (c) Sexual assault under §940.225; or (d) Stalking under §940.32; or attempts or threat to do
same; or (e) Engaging in a course of conduct or repeatedly committing aCISwhich harass or
intimidate the person and which serve no legitimate purpose.)
(State when, where, what happened, and who did what to whom) j:8"See attached /"
CV -405. 0811 0 Petition lor Tel'll;)OlOIryRest:cllrllng Ortler and/or PeU:.ion and Motiol'l lor Injunctlon Heerlng (HillOIssment).§~ 8.25(6) and e13.125.WISCOIISInSlaMes
. This form shall not bo modified. It may be supplemented with additional material.
Page \ 0(2
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~ 2. Set a time for a hearing on the petition for an injunction requiring the respondent to .'
g} a. cease or avoid harassing me.
~ b. avoid my residence andlor any premises temporarily occupied by me.
1Q.c. avoid contact that harasses or intimidates me. Contact includes: contact at petitioner's home, work,
school, public places, in person, by phone, in writing, by electronic communication or device, or in any
other manner.
o d. Other. (Iisl olher specific beh8Vior you want the respondent to stop doing)
I;i1 3. If the temporary restraining order is denied, I move the court to schedule an injunction hearing.
/( the temporary restraining order is denied, you are only entitled to an injunction hearing if the petition afleges
conduct that is the same as or similar to conduct that is prohibited under §940.J2 (stalking/; or is the
intentional infliction of physical pain, physical injury or illness; or is an intentional impairment of physical
condition; or is a violation of §940.225(1), (2) or (3) {sexual esseun}, or is a violation of §943.01 involving
destruction of property that belongs to the individual; orjs-e1nreat to
engage in the above mentioned behavior.
li2I 4. Issue an injunction against the resPOnden!!Or.f?1l(~Jr't~ef~"Owi~9 shorter period ; AND
o a. not order the respondent tosurre ..nde~.hi~erfrrearm{s); OR
00 b. order the respondent to su;"en'der antrOot possess a firearm while the injunction is in effect because
I believe that the respondent rn~y use a firearm to cause physical harm to another or endanger
public safety. \' ~ . . _ .
00 5. Direct the sheriff to assist in executing or serving this petition for temporary restraining order and/or'injunction
and notice of injunction hearing, if requested.
/( a temporary restraining order is granted, and you choose to have the sheriffs office serve the documents on the
respondent, il is your responsibility to contact the sheriff's office before the injunction hearing to verify that the documents
were selYed and proof of service has been filed with the CIeri<of Circuit Court. The court will not do this for you.
tt the respondent cannot be personally served with the Notice of Injunction Hearing form, the respondent
can be served by publication. The petitioner must file an affidawt with the court steting that personal
service of the respondent by the sheriff or 8 private process server was unsuccessful because the
respondent VIas avoiding service by concealment or otherwise.
06. Direct the sheriff to accompany the petitioner and assist in placing the petitioner in physical possession of his or
___ ......,.==~her residence, if requested. .
State of ~ LI(}f,.-, '- /~ "" /J . I~ ) )'
DISTRIBUTION:
county of (~~ Ill> ,,15.(//t5!'1 /Z (_.-t7k/A~'{_
1. Original. Court Subscribed andS{;om to before me ~ petl1iOner/P~ Pe" ,/
2. PelitionerlProleded Person on t/p:Y.L Z g)(J 16. L.Jt.i(~/1 ~ [/tP1/lc: /c;
3. RespondentlDefendant
4. Law Enforcement
5. Other: _
~}j~IP-e<5 ~ NamePrtntcdorTyped
CV.40S. 08110 Petltlcn lor Temporary Restruinlng Ordcr and/or PeV:ion and Motion fO( InjllOdlon Heartng (Harassment) §§.'S.2S(6) and 813.125. Wrsconst:\ Slatut'eS
this form shall not be modified. It may be supplemented with additJonal material.
Page 2012
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POQIJErrTE LAW, LLC
ATTOI~NEYS AT LAW
306 South Barstow Street, Suite 200
Eau Claire, WJ 54701
March 9,20 II
MAR 1 0 2011
Honorable Roderick A. Cameron
Chippewa County Courthouse
711 North Bridge Street
Chippewa Falls, WI 54729
We are in receipt of Mr. Fairchild's letter and Order from the Temporary Hearing of
March 4, 2011. 1\11)'client has tried to he coo erative and allow Mr. Connell access to the land
and the shed for the ast cw a s. However, every 1 ias een 'tin the property there has -.
been an mere cnt ctwccn the parties. Mrs. COlUlcllls tryIng to prepare the properly for sale and
\11'. Connell is burning things in a burning barrel creating smoke, soot and odors which diminish
the appeal of tile property. He has left a box containing oil and car filters in the driveway and
refuses to put them away. When Mrs. Connell tries to avoid confrontations, Mr. Connell has
turned to calling Mrs. Connell names.
At this time, Mrs. Connell respectfully requests the Court to remove Mr. Connell's right to enter
the property from the Order. If this cannot he done at this time, please note IhM I have setup
another Order to Show Cause for Temporary Hearing for Monday, March 21,20 II at 2: J 5 p.rn.
to discuss these issues. Mrs. Connell is also requesting that if Mr. Connell has a specific need
for something on the martial property, we ask for twenty-four (24) hours notice and approval
from Mrs. Connell. Mrs. Connell would like to maintain control over the peace and quiet of her
place of residence.
Thank you.
2i~ )17.
Sarah M. Donnellan
S\;lD:vs
March 10, 20 I I
MAR 1 1 lOU
Enclosed please find the original and one copy of the Order to Show Cause for Temporary Order
and Affidavit for Judge Cameron's signature. If approved, please forward conformed, file-
stamped copy back to me in the envelope I have provided By copy of this letter I am serving
same on opposing counsel. If you have any questions, please feci free to call.
Thank you.
SMD:vs
Enclosures
1:,,:(;( the
CO_;!I:)'
:1;I<IlC
'0 "hic~
of the
you are
'l STATE OF WISCONSIN. CIRCUIT COURT.
__
L _...
• .1
KAREN __ .. .~ _ CQNNEL,L
FdSI name Middle narne LaSI name
and
Order to Show Cause and
Affidavit for Temporary
Enter .he name of tbe RespondenUJoint Petitioner-H usband: Order
respondent If iouu Without M,no~ Children
-- ---.------
ORDER TO SHOW CAUSE
Based on the attached AffidaVit and Request for Hearing for Temporary Order.
1---
For Court Use Only:
1
The clerk wi:1 :;o'l1rletc
Before
or as soon as the matter may be heard. why ~ temporary order should not be entered
for the relief requested in the attached affidavit
PENDING FURTHER COURT ORDFR or written stipulation of the parties. neither party
shall engage in any activity that negatively affects the health. safety or welfare of enner
party Including but not limited to
• Both parties are prohibited !rom gOing upon the prerruses occupieo by the other
as a residence
FA_~t29 nr(l Se. 10/:6 Order :0 Show Cause a-,d A'f'~av.l ler Ter.pCr3ry Ordr.I·W tnC~1M.no: Ch,I~:l'n §§167 1-7. 757225 ar.o 767 ·.2i. WIS:O~SI- SIJ:~I(>S
This torrn shall not b" modl'i~d It may be supplemented with additional malerial
?age I of:\
.'
• Both parties are restrained from making any further debts against the credit of
:he other party Further, unless ctherwise ordered, any debt incurred after the
date of this order IS the sale responsibility of the party incurring the debt
• Both parties are restrained from disconnecting any utility service or causing arly
other essential services of the residence of either party to be disconnected.
• Both parties shall maintain all current beneticranes on all life, medical, hospital,
autorr-obue household or other insurances and In any current wills while thrs
action IS pending
IT IS FURTHER ORDERED that both parties bring to this hearing a completed Financial
Disclosure Statement.
IT IS FURTHER ORDERED that a copy of this order. together with the Supporting
papers, be served In person at least 5 business days before the time of th.s hearinq
Check rour spouse and upon the
check the State if ),Ol! J'C UWlfe
curt cntly receiving oHusband
pualic iLS~I~I"nc~ Check oOther ---_ .. _-----
other If rhcl'c ;S ;lnOr~H:r
parryrs) to 11:(; (!CtIOI1, and
enter the party'« namct s}. Failure to appear as ordered may result in the issuance of a warrant directing the Sheriff to
L- ...__
.__ ___; arrest you and bring you to court.
Failure to appear will not stop the court from proceeding with the hearing and making the
orders requested by your spouse.
Parties are encouraged to arrive early and ceterrrune If any Issues can be resolved before the
heanng
BY THE COURT:
--_._---_ .. ----
Rod~ri~k A Ca_~eron . _
"'~I'l~cr 1 ']IDe Name
i-A.4129 Pro Se I OI~5Order (0 S'low Cal;~c aoo A~<l~v:I for le"1porary oroorwmout w',ncr en l(lren §§767 ~. I. /61 225 dnll 767 I 77 WI5~o~r"r. S:<l:ules
This form sPlal1not be modified. II may be supplemented wilh aoolhonal material.
FJge 2 of 3
STATE OF WISCONSD\ CIRCUIT COlJRT CHIPPEWA COU\1TY
URAl'CH 1
---' ._---
In re the marriage of:
James R. Connell
Respondent.
-_ .. _._-------
AFFIDAVIT
------_ _--
..
STA TE Of WISCOl\SIN
)ss
COU~TY OF EAL: CLAIRE )
I, Sarah M. Donnellan, being on oath duly sworn, states and deposes as follows:
3. Since thai hearing the Respondent has been harassing the Petitioner and coming onto
the property at any and all times arguing with Petitioner and calling her IJames.
5. I request that a hearing he held and a temporary order be entered pursuant [0 sec.
767.22S( I) Wi:; Stars.
Danette M. Teigen
Notary Public, State ofWisc sin
My commission expires Ol/05/20i4
.',
• 0.,:'
Karen A. Connell, _.
Petitioner, OIU)En _. '"
. '. .)
(Hearing of March 4, 2011) ~'":..- ,...,
and
Case No, I OFA J 98
James R. Connell,
-- .... -~-~
-. C'.
Respondent.
;'-' .....
, ~=:_::.:;:,r;; - '.. -. - .__
UPON MOTION by Respondent for Amending the Temporary Orders heard befOlethe
..--<.oW""--"':- =:-
-- ..;_.,.
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2. Respondent may enter the shed at unimproved ands of the parties during any
daylight hours, but must notify Pc . , ncr o. by telephonic messages or text-
messaging of each instance that he docs so. -
3. Respondent may not enter the marital house or garage without Petitioner's. express,
prior consent.
4. Respondent shall provide the Court and Petitioner a mailing address for his mail,
other than the address of the marital residence, on or before March 14, 20 II.
5, If either party obtains an appraisal or marketing analysis of the property of the parties,
- __ --
-antttorctt~ obtainsa vbcatiUTfat-evaltm"iio'fi:-Saicl"paf1j stiaJrprovidc acop{6fsrune'
........
--to-the-other·as,soon·as·praclical,-Said ..reports-shall-not-be{iied-wiih·Olecourt-Oulside------I
=-
absent the consent of the other party or pursuant to a proceeding sufficient to test the
admissibility of same.
Roderick Cameron
Branch I
/
APR 0 52011
March 29, 2011
Your Honor:
I am writing in response to the letter written by Mr. Fairchild dated March 11, 20 II. r
would like to address a few of the points that he has made in error.
Number 7: Jim Connell is smart enough to call me names without witnesses.j'Hc called.
'me a "Bitch" on Sunday, March 6,2011 while standing in the driveway'. When I stated J
would not listen to such name calling and turned to leave, he stated that I should look the
word up in the dictionary - he wasn't calling me a derogatory name. In a later paragraph
Mr. Fairchild writes, "Although at some time in the past each party has called the other
names, Mr. Connell has not done so since the hearing of Mach 4th".
-
This same day I did send Anna out with a form to sign that was sent by our Tax Preparer
that needed Jim's signature to send in our taxes to the State and Federal Government.
This signature was to submit our taxes; I had not picked them up as of yet. I felt it was a
simple matter of a signature and that] could save mysel f the grief, which I knew would
happen, by talking with Jim - he does not pass up an opportunity to belittle me when he
Under "MI. Connell relates to me the following: He has consistently called Mrs. Connell
to notify her in advance of any time he was coming over."-
He has called to notify me in advance of any time he was coming over. However,
,
he comes and goes during the day repeatedly. c-
a ~6
"
~J"-' If\.'
Under "In fact, the reason Ms. Donnellan has filed a affidavit which she herself signed, is
that her client - the one claiming impoverishment - is away with her children on a 7-10'
day vacation to Mexico."·
<S /": ~ Ishowed Jim Connell that Ihad placed this trip on my charge card. No marital
\}) f¥ ~:...,. me nies .went toward this said trip. He, in fa~t, off~rcd Michael $100 spending
It '(:' bnoney If he would come out and speak to him. Michael refused. Anna took the
tJ'l A rfl
G I-J . .J1
money. We were not on a 7-10 day vacation to Mexico, we were on a five-day
. cruise in the Caribbean - we went to Mexico one day.
/'h
I
Under ,. He did bum some paper and cardboard waste from the shed in the burning barrel
on the land, as has been the family's pattern of use.
He has been granted access to the shed and undeveloped land. The burning barrel
is in the yard.
Continuing under same paragraph" She did not inform him that she was showing the
house and, apparently, did not show the house. Even as of several days later (3/8), she
has not shown the house.
1 showed the house that day at 4pm to a realtor for a market analysis. I told him
'not to get the results to me until after my vacation because I had too much to do
until then. • • Jtt~r!.- j'-s -I-ke H1, II,
Am I being watched? V'--'
Under "Furth~r, h~h~s not engaged i~ h'ar1Ssing ~~luct e~;n· i~ th~-c~lI~q~ial s~~se-~1-'_,....-
~'- _-
that term. He did request of Mrs. Connell, that he be allowed to enter the house to get
some tools. Mrs. Connell first said "yes", then said "no", then said "yes", then said "no".
He still has been unable to get the tools he wanted."
Yes, I would tell him he could get tools. Then he would start to verbally become
rude and disrespectful to me and then I would refuse his entry because of his past
behavior. When Jim starts acting this was, he will continue to be verbally
aggressive towards me. Believe me, I've been there for 20 years.
vJvc (6 ~ J He placed this box in the driveway. I told him to move it to the shed; that I would ./
o ~ d' not pick it up and put it away - Jim enjoys making others do jobs that make him
.'bJ?- feel in control of a situation. Jim refused to remove it. Furthermore, Michael
does not talk with Jim so he did not know about the oil and filters. I asked Anna
1 if she had asked for them and she denied wanting the oil and filters. The box
remained in the driveway for approx. three days before it disappeared again.
Under "She has refused to reinstall the landline answering machine to the home phone so
.--,
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(.
that he could call and leave the message there."
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Under the last paragraph "Mrs. Connell demanded that Mr. Connell not come over to the
land at all, despite the court order. She insisted that his coming over to the land was with
her consent only." " D. L h ~_\,,) 11
.A-'''r~~0('1 I.tJ a- c
(5rd er 'f'r~ "'1
t.-~~f/ rot sc.
L} J never once said this. I understood the order from the beginning. I only regret not .
e_. - stipulating "With my permission", I immediately regretted giving him the OK to ~ €~1il(
S J vcJL~me to the farm when he called me that evening following ~~ ...hearing and told
'f ~ ~rnec9 that he could come whenever he wanted, day or night. Yes; he does call each
~ a
:e vJ.
t}f
efJf ~
day before coming, He however comes and goes all day, This has been
extremely distressing to me - the phone call and him appearing whenever he
1~oeJl<l
wants, off and on, during the day. A -~ 4)) 1 .1,410
f\ 1
e
J .)
VI Jd(l)f>f_ . W\ /1- v- ?.e ~~fl (,
o p~Jt.
: ; 'PI' i* ~ such as "1 don't want to be ~ccused of harassing you. Have ~ nice day", J-
Y1
only do I get the phone call, J usually get some type of harassing remark from JIm
I"Y1 _.t-I J..z:._
~\..
~.J' ~t-~ ~1'I.,Jl :5(2../"10-1 t ""'_i~~ '''\ ?..It-~ {;>..-"V L/'v
On Tuesday, March 29, 2011, I showed the house to a prospective buyer and her
husband. Ji'E' at the !ime_,wasin tbe shed <:!_n.
the property. Just before.they came.I .wcnt , - _ _ _ _- I
oiit and askeo'hinfif"we" could 'discuss a price for the house and some acreage. He
stated "There is no "we" and I have just two words for you and you know what they arc,"
I left the shed at this point. Approximately I hour later the couple came to see the house.
This morning I listened to the message he left about coming out to the farm. He added -
and I have saved this message - "By the way, you might want to give Shelly Lehmann a
call. I got a feeling that they're not quite as interested in buying the house as they were a
day or two ago." - Jim called Peter Lehmann and what I have gathered from Shelly was ()
that Jim was "Irate" on the phone with Pete. ,f F ~i ~4--}' Y
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a:.~ A • 0 vA) ~ (..... h «Z¥ t...- ~ tIVD'4- t-,4-} K +-- c? J1I\ <: 4-i>o r;
Today's message that he left telling me that he ~as coming to the farm included "Sorry ,
~use sale didn't work out for you. It'sjust too bad you'didn't include all the parties
that have an interest in this property, Maybe next time you'll consider that."
KarJ~onncll
II
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