English
EspañolWho is eligible to file for a child abuse restraining order?
The child victim or a parent, step-parent or legal guardian of the child victim may petition the court for a child abuse restraining order.1
1 Wis. Stat. § 813.122(2)
What are the steps for getting a child abuse restraining order?
The steps for getting a child abuse restraining order are similar to the steps for getting a domestic abuse injunction. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a child abuse restraining order. See our WI Download Court Forms page for the forms that you might need.
Can a child abuse restraining order be extended?
Yes. A judge can extend the order based on your statement that the extension is necessary to protect the child victim. The order can only be extended for for up to 2 years or until the child attains 18 years of age, whichever occurs first.1 The judge can extend the order in this way without giving prior notice to the respondent.2
However, there is a possibility that the injunction can be extended for up to 5 years if you can prove there is a substantial risk that the respondent may commit any of these crimes against the child victim: first-degree intentional homicide, second-degree intentional homicide, sexual assault or sexual assault of a child (sections (1) or (2)).3
1 Wis. Stat. § 813.122(5)(d)(3)
2 Wis. Stat. § 813.122(5)(d)(4)
3 Wis. Stat. § 813.122(5)(dm)(1)
