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Order Extending Injunction (Domestic Abuse-Child Abuse) CV-431 - Wisconsin
|Order Extending Injunction (Domestic Abuse-Child Abuse) Form. This is a Wisconsin form and can be used in Civil Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: Order Extending Injunction - Domestic Abuse/Child Abuse CV-431 §§813.12(4)(c) & 813.122(5)(d), Wisconsin Statutes FA 183; 18-16 To formally extend a previously-granted abuse injunction. Court Original to court, copy to petitioner, respondent and law enforcement agency acting as repository for injunctions and Department of Justice. Generally none Modification; last update 10/06. Added Wamboldt language. 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 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF WISCONSIN, CIRCUIT COURT, Petitioner: Date of Birth: Address: (Optional) -vsRespondent: Address: COUNTY For Official Use Order Extending Injunction Domestic Abuse Child Abuse Case No. Respondent's Date of Birth Sex Race Height Weight Hair color Eye color The court issued a expiring on (Date) domestic abuse injunction child abuse injunction against the respondent. 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 Circuit Court Commissioner DISTRIBUTION: 1. Original - Court 2. Petitioner 3. Respondent 4. Law Enforcement 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 American LegalNet, Inc. www.FormsWorkFlow.com This form shall not be modified. It may be supplemented with additional material.