LRB-3601/1
SWB:kjf/klm/jld
2017 - 2018 LEGISLATURE
July 26, 2017 - Introduced by Representatives Tusler, Stuck, Anderson, Ballweg,
Brandtjen, Berceau, Brostoff, Considine, Fields, Genrich, Jacque, Kulp,
Milroy, Mursau, Spiros, Spreitzer, Subeck and Zepnick, cosponsored by
Senators Risser, Wanggaard, Johnson, Olsen and L. Taylor. Referred to
Committee on Family Law.
AB451,1,3 1An Act to create 813.1283 of the statutes; relating to: the Uniform Recognition
2and Enforcement of Canadian Domestic Violence Protection Orders Act and
3providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill adopts the Uniform Recognition and Enforcement of Canadian
Domestic Violence Protection Orders Act, approved and recommended by the
National Conference of Commissioners on Uniform State Laws in 2015. This bill
requires the courts of this state to recognize and enforce civil domestic violence
protection orders issued by Canadian courts.
Current law incorporates the Uniform Interstate Enforcement of Domestic
Violence Protection Orders Act, which allows recognition and enforcement of
domestic violence protection orders from other states. This bill expands recognition
to civil domestic protection orders issued by Canadian courts. The bill does not
address recognition of Canadian criminal orders or custody issues. Under this bill,
a law enforcement officer or tribunal can recognize and enforce a civil order issued
by a Canadian court that requires no direct or indirect contact with an individual
protected by a Canadian domestic violence protection order. A Canadian domestic
violence protection order is defined in the bill to mean a judgment or part of a
judgment or order issued in a civil proceeding by a court of Canada that relates to
domestic violence and prohibits a person from 1) being in physical proximity to or
following a protected individual; 2) directly or indirectly contacting or
communicating with a protected individual; 3) being within a certain distance of a

place or location associated with a protected individual; or 4) molesting, annoying,
harassing, or engaging in threatening conduct directed at a protected individual.
The bill provides uniform procedures for enforcement of Canadian domestic
violence protection orders. Under the bill, law enforcement officers must determine
whether there is probable cause to believe that a valid order exists and has been
violated. The bill provides that if a protected individual can provide direct proof of
the existence of a facially valid order, for example, by presenting a paper copy or
accessing an electronic registry, the copy or registry conclusively establishes
probable cause. However, if there is no such direct proof, the bill allows law
enforcement to consider other information and make a determination whether there
is probable cause to believe that a valid protection order exists and has been violated.
If the officer determines that the order cannot be enforced because the person against
whom the order was issued has not received appropriate notice, the officer is required
to provide notice to the protected individual and then make a reasonable effort to
notify the person against whom the order was issued and allow that person an
opportunity to comply with the order.
A person against whom an order is enforced will have sufficient opportunity to
demonstrate that the order is invalid if and when the case is brought before the
enforcing tribunal. Under the bill, a tribunal, defined in the bill as a court, agency,
or other entity authorized to establish, enforce, or modify a domestic protection order,
may issue an order to enforce or refusing to enforce a Canadian domestic violence
protection order following the procedures set forth in current law for enforcement of
domestic protection orders. The bill provides immunity for officials for acts and
omissions arising out of the filing or enforcement of a Canadian domestic violence
protection order, if the act or omission was a good faith effort to comply with the
requirements for filing or enforcement.
This bill includes some modifications from, or additions to, the model language
recommended by National Conference of Commissioners on Uniform State Laws.
For example, as recommended by the National Conference of Commissioners on
Uniform State Laws, this bill provides an optional procedure for filing a Canadian
domestic violence protection order, but does not require individuals seeking
enforcement of a protection order to file the order. The filing procedures in this bill,
however, follow the procedures set forth in current law under the Uniform Interstate
Enforcement of Domestic Violence Protection Orders Act rather than the model
language. This bill also includes a penalty provision for violation of a condition of a
protection order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB451,1 1Section 1. 813.1283 of the statutes is created to read:
AB451,3,2 2813.1283 Uniform Recognition and Enforcement of Canadian
3Domestic Violence Protection Orders Act.
(1) Short title. This section may

1be cited as the Uniform Recognition and Enforcement of Canadian Domestic
2Violence Protection Orders Act.
AB451,3,3 3(2) Definitions. In this section:
AB451,3,74 (a) “Canadian domestic violence protection order” means a judgment or part
5of a judgment or order issued in a civil proceeding by a court of Canada under law
6of the issuing jurisdiction which relates to domestic violence and prohibits a
7respondent from doing any of the following:
AB451,3,98 1. Being in physical proximity to a protected individual or following a protected
9individual.
AB451,3,1110 2. Directly or indirectly contacting or communicating with a protected
11individual or other individual described in the order.
AB451,3,1312 3. Being within a certain distance of a specified place or location associated
13with a protected individual.
AB451,3,1514 4. Molesting, annoying, harassing, or engaging in threatening conduct directed
15at a protected individual.
AB451,3,2016 (b) “Domestic protection order” means an injunction or other order issued by
17a tribunal which relates to domestic or family violence laws to prevent an individual
18from engaging in violent or threatening acts against, harassment of, direct or
19indirect contact or communication with, or being in physical proximity to another
20individual.
AB451,3,2221 (c) “Issuing court” means the court that issues a Canadian domestic violence
22protection order.
AB451,3,2423 (d) Law enforcement officer” means an individual authorized by law of this
24state other than this section to enforce a domestic protection order.
AB451,4,3
1(e) “Person” means an individual, estate, business or nonprofit entity, public
2corporation, government or governmental subdivision, agency, or instrumentality, or
3other legal entity.
AB451,4,54 (f) “Protected individual” means an individual protected by a Canadian
5domestic violence protection order.
AB451,4,76 (g) “Record” means information that is inscribed on a tangible medium or that
7is stored in an electronic or other medium and is retrievable in perceivable form.
AB451,4,98 (h) “Respondent” means an individual against whom a Canadian domestic
9violence protection order is issued.
AB451,4,1210 (i) “State” means a state of the United States, the District of Columbia, Puerto
11Rico, the U.S. Virgin Islands, a federally recognized American Indian tribe or band,
12or any territory or insular possession subject to the jurisdiction of the United States.
AB451,4,1513 (j) “Tribunal” means a court, agency, or other entity authorized by law of this
14state other than this section to establish, enforce, or modify a domestic protection
15order.
AB451,4,22 16(3) Enforcement by a law enforcement officer. (a) If a law enforcement
17officer determines under par. (b) or (c) that there is probable cause to believe a valid
18Canadian domestic violence protection order exists and the order has been violated,
19the officer shall enforce the terms of the Canadian domestic violence protection order
20as if the terms were in an order of a tribunal. Presentation to a law enforcement
21officer of a certified copy of a Canadian domestic violence protection order is not
22required for enforcement.
AB451,5,223 (b) Presentation to a law enforcement officer of a record of a Canadian domestic
24violence protection order that identifies both a protected individual and a respondent

1and on its face is in effect constitutes probable cause to believe that a valid order
2exists.
AB451,5,63 (c) If a record of a Canadian domestic violence protection order is not presented
4as provided in par. (b), a law enforcement officer may consider other information in
5determining whether there is probable cause to believe that a valid Canadian
6domestic violence protection order exists.
AB451,5,167 (d) If a law enforcement officer determines that an otherwise valid Canadian
8domestic violence protection order cannot be enforced because the respondent has
9not been notified of or served with the order, the officer shall notify the protected
10individual that the officer will make reasonable efforts to contact the respondent,
11consistent with the safety of the protected individual. After notice to the protected
12individual and consistent with the safety of the individual, the officer shall make a
13reasonable effort to inform the respondent of the order, notify the respondent of the
14terms of the order, provide a record of the order, if available, to the respondent, and
15allow the respondent a reasonable opportunity to comply with the order before the
16officer enforces the order.
AB451,5,1817 (e) If a law enforcement officer determines that an individual is a protected
18individual, the officer shall inform the individual of available local victim services.
AB451,5,21 19(4) Enforcement by a tribunal. (a) A tribunal may issue an order enforcing
20or refusing to enforce a Canadian domestic violence protection order on application
21by any of the following:
AB451,5,2322 1. A person authorized by law of this state other than this section to seek
23enforcement of a domestic protection order.
AB451,5,2424 2. A respondent.
AB451,6,5
1(b) In a proceeding under par. (a), the tribunal shall follow the procedures of
2this state for enforcement of a domestic protection order under s. 813.12, 813.122,
3813.123, or 813.125. An order entered under this subsection is limited to the
4enforcement of the terms of the Canadian domestic violence protection order as
5described in sub. (2) (a).
AB451,6,76 (c) A Canadian domestic violence protection order is enforceable under this
7subsection if all of the following are true:
AB451,6,88 1. The order identifies a protected individual and a respondent.
AB451,6,99 2. The order is valid and in effect.
AB451,6,1110 3. The issuing court had jurisdiction over the parties and the subject matter
11under law applicable in the issuing court.
AB451,6,1212 4. The order was issued after any of the following:
AB451,6,1413 a. The respondent was given reasonable notice and had an opportunity to be
14heard before the court issued the order.
AB451,6,1815 b. In the case of an ex parte order, the respondent was given a reasonable notice
16and had or will have an opportunity to be heard within a reasonable time after the
17order was issued, in a manner consistent with the right of the respondent to due
18process.
AB451,6,2019 (d) A Canadian domestic violence protection order valid on its face is prima
20facie evidence of its enforceability under this subsection.
AB451,7,221 (e) A claim that a Canadian domestic violence protection order does not comply
22with par. (c) is an affirmative defense in a proceeding seeking enforcement of the
23order. If the tribunal determines that the order is not enforceable, the tribunal shall
24issue an order that the Canadian domestic violence protection order is not

1enforceable under this subsection and sub. (3) and may not be registered under sub.
2(5).
AB451,7,73 (f) This subsection applies to enforcement of a provision of a Canadian domestic
4violence protection order against a party to the order in which each party is a
5protected individual and respondent only if the party seeking enforcement of the
6order filed a pleading requesting the order from the issuing court and the court made
7specific findings that entitled the party to the enforcement sought.
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