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How to extend a Domestic Abuse Restraining order in Wisconsin

 

If you have a domestic abuse restraining order is there a way to extend it or are you obligated to out and re-petition for a new restraining order and start all over? The answer lies at sec. 813.12  (4) (c) 2.

2. “When an injunction expires, the court shall extend the injunction if the petitioner states that an extension is necessary to protect him or her. This extension  shall remain in effect until 4 years after the date the court first entered the injunction under subd. 2.”

“Notice need not be given to the respondent, before extending an injunction under subd. 2. The clerk of courts shall notify the respondent after the court extends an injunction under subd. 2.”

(d) 1. “A judge or circuit court commissioner may, upon issuing an injunction or granting an extension of an injunction issued under this subsection, order that the injunction s in effort for not more than 10 years, if the court finds, by a preponderance of the evidence stated on the record, that any of the following is true:

a. There is a substantial risk that the respondent may commit first-degree intentional homicide under s.940.01 or 2nd-degree intentional homicide under s. 940.05, against the petitioner.

b. There is a substantial risk that the respondent may commit sexual assault under s. 940.225 (1), (2), or (3), or under s. 948.02 (1) or (2), against the petitioner.

2. This paragraph does not prohibit a petitioner from requesting a new temporary restraining order under sub. (3), or injunction under this subsection before or at the expiration of a previously entered order or injunction.”

Notice that I emphasized the word “shall.”  The court can extend the existing domestic abuse injunction upon request for as long as another four years, and where statutory grounds exist, for a period of 10 years. You don’t need to refile and request a new injunction, although the statute makes clear, a person is not prevented from doing so.

If you have been the victim of domestic violence and have questions on how to protect yourself, contact the experienced family lawyers at Karp & Iancu, S.C. today.

 

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