SB438,8,7 23(aj) In determining whether to issue a temporary restraining order, the judge
24or family court commissioner shall consider the potential danger posed to the
25petitioner and the pattern of abusive conduct of the respondent but may not base his

1or her decision solely on the length of time since the last domestic abuse or the length
2of time since the relationship ended. The judge or family court commissioner may
3grant only the remedies requested or approved by the petitioner. The judge or family
4court commissioner may not dismiss or deny granting a temporary restraining order
5because of the existence of a pending action or of any other court order that bars
6contact between the parties, nor due to the necessity of verifying the terms of an
7existing court order.
SB438, s. 20 8Section 20. 813.12 (3) (c) of the statutes is amended to read:
SB438,8,169 813.12 (3) (c) The temporary restraining order is in effect until a hearing is held
10on issuance of an injunction under sub. (4). The temporary restraining order is not
11voided if the respondent is admitted into a dwelling that the order directs him or her
12to avoid. A judge or family court commissioner shall hold a hearing on issuance of
13an injunction within 7 14 days after the temporary restraining order is issued, unless
14the time is extended upon the written consent of the parties or extended once for 14
15days upon a finding that the respondent has not been served with a copy of the
16temporary restraining order although the petitioner has exercised due diligence.
SB438, s. 21 17Section 21. 813.12 (4) (a) (intro.) of the statutes is amended to read:
SB438,9,218 813.12 (4) (a) (intro.) A judge or family court commissioner may grant an
19injunction ordering the respondent to refrain from committing acts of domestic abuse
20against the petitioner, to avoid the petitioner's residence, except as provided in par.
21(am), or any premises other location temporarily occupied by the petitioner or both,
22or to avoid contacting or causing any person other than a party's attorney or a law
23enforcement officer
to contact the petitioner unless the petitioner consents to that
24contact in writing, or any combination of these remedies requested in the petition,

1or any other appropriate remedy not inconsistent with the remedies requested in the
2petition,
if all of the following occur:
SB438, s. 22 3Section 22. 813.12 (4) (a) 2. of the statutes is amended to read:
SB438,9,74 813.12 (4) (a) 2. The petitioner serves upon the respondent a copy or summary
5of the petition and notice of the time for hearing on the issuance of the injunction,
6or the respondent serves upon the petitioner notice of the time for hearing on the
7issuance of the injunction.
SB438, s. 23 8Section 23. 813.12 (4) (a) 3. of the statutes is amended to read:
SB438,9,129 813.12 (4) (a) 3. After hearing, the judge or family court commissioner finds
10reasonable grounds to believe that the respondent has engaged in, or based upon
11prior conduct of the petitioner and the respondent may engage in, domestic abuse of
12the petitioner.
SB438,9,21 13(aj) In determining whether to issue an injunction, the judge or family court
14commissioner shall consider the potential danger posed to the petitioner and the
15pattern of abusive conduct of the respondent but may not base his or her decision
16solely on the length of time since the last domestic abuse or the length of time since
17the relationship ended. The judge or family court commissioner may grant only the
18remedies requested by the petitioner. The judge or family court commissioner may
19not dismiss or deny granting an injunction because of the existence of a pending
20action or of any other court order that bars contact between the parties, nor due to
21the necessity of verifying the terms of an existing court order.
SB438, s. 24 22Section 24. 813.12 (4) (c) 1. of the statutes is amended to read:
SB438,9,2523 813.12 (4) (c) 1. An injunction under this subsection is effective according to its
24terms, for the period of time that the petitioner requests, but not more than 2 4 years.
25An injunction granted under this subsection is not voided if the petitioner allows or

1initiates contact with the respondent or
by the admittance of the respondent into a
2dwelling that the injunction directs him or her to avoid.
SB438, s. 25 3Section 25. 813.12 (4) (c) 2. of the statutes is amended to read:
SB438,10,74 813.12 (4) (c) 2. When an injunction granted for less than 2 4 years expires, the
5court shall extend the injunction if the petitioner states that an extension is
6necessary to protect him or her. This extension shall remain in effect until 2 4 years
7after the date the court first entered the injunction.
SB438, s. 26 8Section 26. 813.12 (5) (d) of the statutes is created to read:
SB438,10,129 813.12 (5) (d) A petition may be prepared and filed by the person who alleges
10that he or she has been the subject of domestic abuse or by the guardian, as defined
11in s. 880.01 (3), of an incompetent individual, as defined in s. 880.01 (4), who has been
12the subject of domestic abuse.
SB438, s. 27 13Section 27. 813.12 (5m) of the statutes is created to read:
SB438,10,1614 813.12 (5m) Confidentiality of victim's address. The petition under sub. (5)
15and the court order under sub. (3) or (4) shall not disclose the address of the alleged
16victim.
SB438, s. 28 17Section 28. 813.12 (6) (d) of the statutes is created to read:
SB438,10,2018 813.12 (6) (d) The issuance of an order under s. 813.12 (3) or (4) is enforceable
19despite the existence of any other criminal or civil order restricting or prohibiting
20contact.
SB438, s. 29 21Section 29. 813.12 (7) (c) of the statutes is created to read:
SB438,11,222 813.12 (7) (c) A respondent who does not appear at a hearing at which the court
23orders an injunction under s. 813.12 (4) but who has been served with a copy of the
24petition and notice of the time for hearing under s. 813.12 (3) has constructive
25knowledge of the existence of the injunction and shall be arrested for violation of the

1injunction regardless of whether he or she has been served with a copy of the
2injunction.
SB438, s. 30 3Section 30. 814.61 (1) (e) of the statutes is amended to read:
SB438,11,124 814.61 (1) (e) No fee charged under this subsection in any action commenced
5under s. 813.122, 813.123, or 813.125 may be collected from a petitioner under s.
6813.122, 813.123, or 813.125 if the petition alleges conduct that is the same as or
7similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a)
8(am) 1. to 4. 8. If no fee is collected under this paragraph, the fee charged under this
9subsection for petitions filed and granted under s. 813.122, 813.123 , or 813.125 shall
10be collected from the respondent under s. 813.122, 813.123, or 813.125 if he or she
11is convicted of violating a temporary restraining order or injunction issued under s.
12813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4).
SB438, s. 31 13Section 31. 814.70 (1) of the statutes is amended to read:
SB438,12,714 814.70 (1) Service of process. For each service or attempted service of a
15summons or any other process for commencement of an action, a writ, an order of
16injunction, a subpoena, or any other order, $12 for each defendant or person. If there
17is more than one defendant or person to be served at a given address, $6 for each
18additional defendant or person. No fee charged under this subsection in any action
19commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner
20under s. 813.12, 813.122, or 813.123. The fee charged under this subsection in any
21action commenced under s. 813.12, 813.122, 813.123, or 813.125 shall be collected
22from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of
23violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4),
24813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4). No fee charged under this
25subsection in any action commenced under s. 813.125 may be collected from a

1petitioner under s. 813.125 if the petition alleges conduct that is the same as or
2similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a)
3(am) 1. to 4. 8. If no fee is collected under this subsection from a petitioner under
4s. 813.125, the fee charged under this subsection in any action commenced under s.
5813.125 shall be collected from the respondent under s. 813.125 if he or she is
6convicted of violating a temporary restraining order or injunction issued under s.
7813.125 (3) or (4).
SB438, s. 32 8Section 32. 814.70 (3) (intro.) of the statutes is amended to read:
SB438,12,199 814.70 (3) (intro.) For travel in serving any summons, writ or other process,
10except criminal warrants, and except that a fee under this subsection in any action
11commenced under s. 813.12, 813.122, or 813.123 may not be collected from a
12petitioner but shall be collected from the respondent if he or she is convicted of
13violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4),
14813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4), and except that a fee under
15this subsection in any action commenced under s. 813.125 may not be collected from
16a petitioner if the petition alleges conduct that is the same as or similar to conduct
17that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) (am) 1. to 4. 8. but
18shall be collected from the respondent if he or she is convicted of violating a
19temporary restraining order or injunction issued under s. 813.125 (3) or (4):
SB438, s. 33 20Section 33. 895.73 (1) (a) of the statutes is amended to read:
SB438,12,2521 895.73 (1) (a) "Abusive conduct" means domestic abuse, as defined under s.
2246.95 (1) (a), 813.12 (1) (a) (am), or 968.075 (1) (a), harassment, as defined under s.
23813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under
24s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss.
25948.02 to 948.11.
SB438, s. 34
1Section 34. Initial applicability.
SB438,13,32 (1) This act first applies to actions commenced on the effective date of this
3subsection.
SB438,13,44 (End)
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