SB438: Bill Text

LRB-3191/3

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2001 - 2002 LEGISLATURE

2001 Senate BILL 438

February 13, 2002 - Introduced by Senators Burke, Huelsman, Breske, Cowles, Darling, George, Hansen, Moore, Plache, Risser, Roessler and Harsdorf, cosponsored by Representatives Wieckert, Albers, Boyle, Coggs, Hahn, Kaufert, La Fave, Lassa, J. Lehman, Musser, Olsen, Pocan, Richards, Shilling, Sykora, Turner, Wasserman and Berceau. Referred to Committee on Judiciary, Consumer Affairs, and Campaign Finance Reform.

SB438,1,9 An Act to renumber and amend 813.12 (1) (a) (intro.), 1., 2., and 3. and 813.12 (1) (a) 4.; to amend 106.50 (5m) (d), 767.11 (8) (b) 2., 767.11 (10) (e) 2., 767.24 (1m) (b), 767.24 (1m) (c), 767.24 (1m) (o), 767.24 (2) (b) 2. c., 767.24 (5) (i), 813.12 (2) (a), 813.12 (3) (a) (intro.), 813.12 (3) (a) 2., 813.12 (3) (c), 813.12 (4) (a) (intro.), 813.12 (4) (a) 2., 813.12 (4) (a) 3., 813.12 (4) (c) 1., 813.12 (4) (c) 2., 814.61 (1) (e), 814.70 (1), 814.70 (3) (intro.) and 895.73 (1) (a); and to create 813.12 (1) (ad), 813.12 (1) (ag), 813.12 (1) (am) 5., 813.12 (1) (am) 6., 813.12 (1) (cg), 813.12 (1) (cj), 813.12 (5) (d), 813.12 (5m), 813.12 (6) (d) and 813.12 (7) (c) of the statutes; relating to: domestic abuse restraining orders and injunctions.

Analysis by the Legislative Reference Bureau

Under current law, "domestic abuse" for purposes of obtaining an injunction, is defined as certain types of behavior engaged in by an adult against another adult if the two adults are involved in one of the following relationships:

1. Are members of the same family.

2. Are members of the same household.

3. Are former spouses.

4. Have a child in common.

This bill expands the types of relationships that adults may be in for purposes of domestic abuse injunctions to include an adult who is being cared for by another adult and adults who have a dating relationship. The bill defines a "dating relationship" as a social relationship between two adults that involves a romantic or intimate association, and requires the court to consider the length and type of the relationship and the frequency of the interaction between the parties when determining if a dating relationship exists. The bill provides that a dating relationship is not a casual relationship or ordinary fraternization between two adult individuals.

Currently, the types of behavior that are considered domestic abuse include sexual assault, intentional infliction of pain or injury, intentional impairment of physical condition, and the threat to commit one of those acts. This bill expands the types of behavior that are considered domestic abuse to include destruction of property of the other person and mistreatment of an animal belonging to the other person.

Under current law, a court action is started by petitioning the court for a temporary restraining order, then the petitioner serves the other party, the court schedules a hearing and after determining the merits, the court issues a permanent injunction. If the petitioner is unable to serve the respondent personally with the petition, currently the petitioner may publish the petition and mail a copy of the petition to the respondent. The bill replaces the requirement to publish the petition when personal service is impossible with a requirement to publish a summary of the petition, which includes the the name of the petitioner and respondent and the date, time, and place of the hearing regarding the requested injunction. The bill allows the petitioner to send the summary of the petition to the respondent by facsimile or mail. The bill also allows the guardian of an incompetent individual to file the petition for a domestic abuse order on behalf of the incompetent individual.

Currently, a hearing on the request to issue an injunction must be held within seven days after the temporary restraining order is issued, unless the hearing is extended once for 14 days to allow the petitioner more time to serve the respondent or is extended for a period of time agreed to by the parties in writing. This bill changes the requirement to hold the hearing within seven days after the issuance of the temporary restraining order to 14 days after that order is issued. Under current law, a domestic abuse injunction is issued for the period requested by the petitioner, but not more than two years and can be extended for an additional period up to the two-year maximum if the extension is necessary to protect the petitioner. This bill extends the maximum period to four years.

The bill prohibits the inclusion of the petitioner's address in the petition, temporary restraining order, or injunction.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB438, s. 1 Section 1. 106.50 (5m) (d) of the statutes is amended to read:

SB438,3,14 106.50 (5m) (d) Nothing in this section requires that housing be made available to an individual whose tenancy would constitute a direct threat to the safety of other tenants or persons employed on the property or whose tenancy would result in substantial physical damage to the property of others, if the risk of direct threat or damage cannot be eliminated or sufficiently reduced through reasonable accommodations. A claim that an individual's tenancy poses a direct threat or a substantial risk of harm or damage must be evidenced by behavior by the individual which that caused harm or damage, which that directly threatened harm or damage , or which that caused a reasonable fear of harm or damage to other tenants, persons employed on the property, or the property. No claim that an individual's tenancy would constitute a direct threat to the safety of other persons or would result in substantial damage to property may be based on the fact that a tenant has been or may be the victim of domestic abuse, as defined in s. 813.12 (1) (a) (am).

SB438, s. 2 Section 2. 767.11 (8) (b) 2. of the statutes is amended to read:

SB438,3,17 767.11 (8) (b) 2. Interspousal battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a) (am).

SB438, s. 3 Section 3. 767.11 (10) (e) 2. of the statutes is amended to read:

SB438,3,20 767.11 (10) (e) 2. There is evidence of interspousal battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a) (am).

SB438, s. 4 Section 4. 767.24 (1m) (b) of the statutes is amended to read:

SB438,4,3 767.24 (1m) (b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.

SB438, s. 5 Section 5. 767.24 (1m) (c) of the statutes is amended to read:

SB438,4,10 767.24 (1m) (c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.

SB438, s. 6 Section 6. 767.24 (1m) (o) of the statutes is amended to read:

SB438,4,16 767.24 (1m) (o) If there is evidence that either party engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.

SB438, s. 7 Section 7. 767.24 (2) (b) 2. c. of the statutes is amended to read:

SB438,4,25 767.24 (2) (b) 2. c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2), or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required.

SB438, s. 8 Section 8. 767.24 (5) (i) of the statutes is amended to read:

SB438,5,3 767.24 (5) (i) Whether there is evidence of interspousal battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a) (am).

SB438, s. 9 Section 9. 813.12 (1) (a) (intro.), 1., 2., and 3. of the statutes are renumbered 813.12 (1) (am) (intro.), 1., 2., and 3., and 813.12 (1) (am) (intro.), as renumbered, is amended to read:

SB438,5,13 813.12 (1) (am) (intro.) "Domestic abuse" means any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver's care by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common:

SB438, s. 10 Section 10. 813.12 (1) (a) 4. of the statutes is renumbered 813.12 (1) (am) 8. and amended to read:

SB438,5,17 813.12 (1) (am) 8. A threat to engage in the conduct under subd. 1., 2. or, 3., 5., or 6.

SB438, s. 11 Section 11. 813.12 (1) (ad) of the statutes is created to read:

SB438,5,20 813.12 (1) (ad) "Caregiver" means an individual who is a provider of in-home or community care to an individual through regular and direct contact.

SB438, s. 12 Section 12. 813.12 (1) (ag) of the statutes is created to read:

SB438,6,3 813.12 (1) (ag) "Dating relationship" means a romantic or intimate social relationship between 2 adult individuals but "dating relationship" does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context. A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.

SB438, s. 13 Section 13. 813.12 (1) (am) 5. of the statutes is created to read:

SB438,6,6 813.12 (1) (am) 5. A violation of s. 943.01, involving property that belongs to the individual.

SB438, s. 14 Section 14. 813.12 (1) (am) 6. of the statutes is created to read:

SB438,6,9 813.12 (1) (am) 6. A violation of s. 951.02, involving an animal that belongs to the individual.

SB438, s. 15 Section 15. 813.12 (1) (cg) of the statutes is created to read: