Legal Information: Wisconsin

Restraining Orders

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Updated: 
December 14, 2023

Can a child abuse restraining order be extended?

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 up to two years or until the child turns 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 five 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 If the respondent has been convicted of committing sexual assault  or repeated acts of sexual assault  against the child victim, you may request that the injunction be made permanent.4

1 Wis. Stat. § 813.122(5)(d)(3)
2 Wis. Stat. § 813.122(5)(d)(4)
3 Wis. Stat. § 813.122(5)(dm)(1)
4 Wis. Stat. § 813.122(5)(dm)(1m)

 

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