Know the Laws: Wisconsin
UPDATED October 26, 2012
If you are moving out of state or are going to be out of the state for any reason, your restraining order can still be enforceable.
- General rules
- Getting your WI restraining order enforced in another state
- Enforcing custody provisions in another state
Enforcing custody provisions in another state
back to topI was granted temporary custody with my domestic abuse restraining order. Can I take my kids out of the state?
Maybe. It will depend on the exact wording of the custody provision in your Domestic Abuse Restraining Order. You may have to first seek the permission of the court before leaving. If your abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.
If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in the WI area on our WI Where to Find Help page.
back to topI was granted temporary custody with my domestic abuse restraining order. Will another state enforce this custody order?
Yes. Custody, visitation, and child support provisions that are included in a Domestic Abuse Restraining Order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.*
* 18 USC 2266