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Order Extending Injunction (Domestic Abuse-Child Abuse) Form. This is a Wisconsin form and can be use in Circuit Court Statewide.
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Tags: Order Extending Injunction (Domestic Abuse-Child Abuse), CV-431, Wisconsin Statewide, Circuit Court
FORM SUMMARY
Name of Form:
Order Extending Injunction - Domestic Abuse/Child Abuse
Form Number:
CV-431
Statutory Reference:
§§813.12(4)(c) & 813.122(5)(d), Wisconsin Statutes
Benchbook Reference:
FA 18–3; 18-16
Purpose of Form:
To formally extend a previously-granted abuse injunction.
Who Completes It:
Court
Distribution of Form:
Original to court, copy to petitioner, respondent and law enforcement
agency acting as repository for injunctions and Department of Justice.
Accompanying Forms:
Generally none
New Form/Modification:
Modification; last update 10/06.
Modifications:
Added Wamboldt language.
Comments:
If the petitioner states that an extension is necessary to protect him/her, a
domestic abuse injunction that has been granted for a period of less than
four years shall be extended even if the original injunction has expired.
(Switzer vs. Switzer 2006 WI APP 10.) The maximum length of a
domestic abuse injunction, including extensions, is four years from the
original date the injunction was issued.
If the petitioner states that an extension is necessary to protect the child, a
child abuse injunction that has been granted can be extended as follows:
•
If the original injunction was for less than 6 months, it shall be
extended for a period up to six months from the date the original
injunction was granted, or the child victim turns 18, whichever
comes first.
•
Otherwise, the court can extend the injunction for not more than
two years after the date the original injunction was issued, or the
child victim turns 18, whichever comes first.
The statute does not require a hearing before the extension is granted for
domestic abuse and child abuse injunctions. However, the extension order
must be properly served on the respondent. The statute does not specify
what constitutes appropriate service. RMC recommends that the
respondent be personally served with the extension order to ensure a
proper record for later enforcement in the event of a violation.
About this Form:
This form is the product of the Wisconsin Records Management
Committee, a committee of the Director of State Court’s Office and a
mandate of the Wisconsin Judicial Conference.
If you have additional information that does not change the meaning
of the form, attach it on a separate page. The form itself shall not be
altered.
Approval Date: 10/07/2010
Release Date: 11/16/2010
Page 1
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COUNTY
STATE OF WISCONSIN, CIRCUIT COURT,
For Official Use
Order Extending Injunction
Petitioner:
Date of Birth:
Address:
(Optional)
-vsRespondent:
Address:
Domestic Abuse
Child Abuse
Case No.
Respondent’s
Date of Birth
The court issued a
expiring on (Date)
Sex
Race
domestic abuse injunction
Height
Weight
child abuse injunction
against the respondent.
Hair color
Eye color
,
on (Date)
The petitioner has requested that the court extend the injunction because it is necessary for the protection of the
victim.
The court finds that it is necessary for the protection of the victim that an extension be granted.
THE COURT ORDERS:
1. The injunction is extended until (Date)
.
2. The original terms of the injunction remain in full force and effect.
3. The petitioner shall notify the respondent of this extension.
THIS IS A FINAL ORDER FOR PURPOSES OF APPEAL IF SIGNED BY A CIRCUIT COURT JUDGE.
BY THE COURT:
Circuit Court Judge
DISTRIBUTION:
1. Original - Court
2. Petitioner
3. Respondent
4. Law Enforcement
Circuit Court Commissioner
Name Printed or Typed
Date
CV-431, 10/10 Order Extending Injunction - Domestic Abuse/Child Abuse
§§813.12(4)(c) and 813.122(5)(d), Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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