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Legal Information: Wisconsin

Restraining Orders

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Laws current as of December 14, 2023

Can the respondent modify or terminate a permanent child abuse restraining order?

If you have a permanent order based on the abuser being convicted of sexual assault against the child victim, the abuser can file a motion to have the order reviewed if the criminal conviction is vacated. The judge is required to change (modify) or remove (vacate) your order if the abuser proves that the conviction was vacated, and the judge will consider all relevant factors when deciding what to do. If your order has been in effect for longer than the maximum amount of time it could have been granted without the sexual assault conviction, the judge will vacate it.1  

1 Wis. Stat. § 813.126(1m)