Legal Information: Wisconsin

Restraining Orders

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Updated: 
December 14, 2023

Can a final individual at risk restraining order be extended?

A judge can extend the order based on your statement that the extension is necessary to protect the individual at risk. The order can only be extended for up to two years 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 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 the individual at risk: first-degree intentional homicidesecond-degree intentional homicidesexual assault or sexual assault of a child (sections (1) or (2)).3 If the respondent has been convicted of committing sexual assault in the first, second, or third degree (sections (1) to (3)) against the individual at risk, you may request that the injunction be made permanent.4

1 Wis. Stat. § 813.123(5)(c)(3)
2 Wis. Stat. § 813.123 (5)(c)(4)
3 Wis. Stat. § 813.123(5)(d)(1)
4 Wis. Stat. § 813.123(5)(d)(1m)

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