Legal Information: Wisconsin

Restraining Orders

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May 10, 2022

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)

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