LRB-3149/2
PJK:kjf:pg
2005 - 2006 LEGISLATURE
December 20, 2005 - Introduced by Representatives Suder, Kleefisch, Hahn,
Musser, Petrowski, Jensen, Hines, Gunderson and McCormick, cosponsored
by Senators Zien, Brown, Darling, Roessler and Lassa. Referred to
Committee on Children and Families.
AB887,1,3
1An Act to create 767.085 (1m) of the statutes;
relating to: electing not to
2provide an address in a petition in a family action in a case in which abuse is
3alleged.
Analysis by the Legislative Reference Bureau
Under current law, a petition in an action affecting the family, such as a divorce,
legal separation, or paternity action, is required to include the facts relating to the
residences of both parties. A petition for a domestic abuse restraining order or
injunction, however, is specifically prohibited from disclosing the address of the
alleged victim.
This bill provides that, in an action affecting the family, if a party is subject to
a domestic abuse or harassment restraining order or injunction with respect to
another party, or if a party alleges that another party has engaged in interspousal
battery or domestic abuse, the party who is the victim or alleged victim may elect not
to have his or her address disclosed in the petition in the action affecting the family.
If a party elects not to disclose his or her address, the petition must include the name
and address of the person who will act as the party's agent for service of process,
pleadings, and other notices.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB887, s. 1
1Section
1. 767.085 (1m) of the statutes is created to read:
AB887,2,112
767.085
(1m) Confidentiality of address. Notwithstanding sub. (1) (a) and
3ss. 767.05 (4) and 802.04 (1), if a party to an action affecting the family is subject to
4a restraining order or injunction under s. 813.12, 813.125, or 813.127 with respect
5to another party to the action, or if a party to an action affecting the family alleges
6that another party to the action has engaged in interspousal battery, as described
7under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am),
8the party who is the victim or alleged victim may elect not to have his or her address
9disclosed in the petition. If the party so elects, the petition shall include the name
10and address of the person who will act as the party's agent to receive service of
11process, pleadings, and other notices.
AB887,2,1313
(1) This act first applies to petitions filed on the effective date of this subsection.
