Legal Information: Wisconsin

Restraining Orders

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May 10, 2022

Can a final domestic abuse injunction be changed or extended?

To make changes to your order or to extend it, you can go back to the court where you got the order and file a petition with the clerk.

A judge can extend the order based on your statement that the extension is necessary to protect you. The order can only be extended for a period of time to equal four years from date that the judge first entered the original injunction (order).1 So, for example, if your initial order lasted three years, the extension can last for one year, totaling four years. 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 a period of time (from the initial order) that equals ten years if you can prove there is a substantial risk that the respondent may commit any of these crimes against you: first-degree intentional homicide, second-degree intentional homicide, sexual assault or sexual assault of a child (sections (1) or (2)).3

You can request that a judge modify (change) your injunction, but the judge cannot change it based only on the abuser’s request.4

1 Wis. Stat. § 813.12(4)(c)(2)
2 Wis. Stat. § 813.12(4)(c)(4)
3 Wis. Stat. § 813.12(4)(d)(1)
4 Wis. Stat. § 813.12(4)(b)

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