AB380,95,1918
812.30
(2) "Court" includes a
circuit court commissioner assigned to preside at
19a proceeding under this subchapter.
AB380, s. 257
20Section
257. 813.025 (1) of the statutes is amended to read:
AB380,95,2521
813.025
(1) No
circuit or supplemental court commissioner
shall may issue any
22injunction or order suspending or restraining the enforcement or execution of any
23statute of the state or of any order of an administrative officer, board, department,
24commission or other state agency purporting to be made pursuant to the statutes of
25the state. If so issued
such, the injunction or order shall be void.
AB380, s. 258
1Section
258. 813.12 (2) (a) of the statutes is amended to read:
AB380,96,132
813.12
(2) (a) No action under this section may be commenced by complaint and
3summons. An action under this section may be commenced only by a petition
4described under sub. (5) (a). The action commences with service of the petition upon
5the respondent if a copy of the petition is filed before service or promptly after service.
6If the judge or
family a circuit court commissioner extends the time for a hearing
7under sub. (3) (c) and the petitioner files an affidavit with the court stating that
8personal service by the sheriff or a private server under s. 801.11 (1) (a) or (b) was
9unsuccessful because the respondent is avoiding service by concealment or
10otherwise, the petitioner may serve the respondent by publication of the petition as
11a class 1 notice, under ch. 985, and by mailing if the respondent's post-office address
12is known or can with due diligence be ascertained. The mailing may be omitted if the
13post-office address cannot be ascertained with due diligence.
AB380, s. 259
14Section
259. 813.12 (2) (b) of the statutes is amended to read:
AB380,96,2315
813.12
(2) (b) A petition may be filed in conjunction with an action affecting the
16family commenced under ch. 767, but commencement of an action affecting the
17family or any other action is not necessary for the filing of a petition or the issuance
18of a temporary restraining order or an injunction. A judge or
family circuit court
19commissioner may not make findings or issue orders under s. 767.23 or 767.24 while
20granting relief requested only under this section. Section 813.06 does not apply to
21an action under this section. The respondent may respond to the petition either in
22writing before or at the hearing on the issuance of the injunction or orally at that
23hearing.
AB380, s. 260
24Section
260. 813.12 (3) (a) of the statutes is amended to read:
AB380,97,7
1813.12
(3) (a) A judge or
family circuit court commissioner shall issue a
2temporary restraining order ordering the respondent to refrain from committing acts
3of domestic abuse against the petitioner, to avoid the petitioner's residence, except
4as provided in par. (am), or any premises temporarily occupied by the petitioner or
5both, or to avoid contacting or causing any person other than a party's attorney to
6contact the petitioner unless the petitioner consents in writing, or any combination
7of these remedies requested in the petition, if all of the following occur:
AB380,97,98
1. The petitioner submits to the judge or
family
circuit court commissioner a
9petition alleging the elements set forth under sub. (5) (a).
AB380,97,1810
2. The judge or
family circuit court commissioner finds reasonable grounds to
11believe that the respondent has engaged in, or based on prior conduct of the
12petitioner and the respondent may engage in, domestic abuse of the petitioner. In
13determining whether to issue a temporary restraining order, the judge or
family 14circuit court commissioner shall consider the potential danger posed to the petitioner
15and the pattern of abusive conduct of the respondent but may not base his or her
16decision solely on the length of time since the last domestic abuse or the length of time
17since the relationship ended. The judge or
family
circuit court commissioner may
18grant only the remedies requested or approved by the petitioner.
AB380, s. 261
19Section
261. 813.12 (3) (am) of the statutes is amended to read:
AB380,98,220
813.12
(3) (am) If the petitioner and the respondent are not married, the
21respondent owns the premises where the petitioner resides and the petitioner has
22no legal interest in the premises, in lieu of ordering the respondent to avoid the
23petitioner's residence under par. (a) the judge or
family circuit court commissioner
24may order the respondent to avoid the premises for a reasonable time until the
1petitioner relocates and shall order the respondent to avoid the new residence for the
2duration of the order.
AB380, s. 262
3Section
262. 813.12 (3) (c) of the statutes is amended to read:
AB380,98,124
813.12
(3) (c) The temporary restraining order is in effect until a hearing is held
5on issuance of an injunction under sub. (4). The temporary restraining order is not
6voided if the respondent is admitted into a dwelling that the order directs him or her
7to avoid. A judge or
family circuit court commissioner shall hold a hearing on
8issuance of an injunction within 7 days after the temporary restraining order is
9issued, unless the time is extended upon the written consent of the parties or
10extended once for 14 days upon a finding that the respondent has not been served
11with a copy of the temporary restraining order although the petitioner has exercised
12due diligence.
AB380, s. 263
13Section
263. 813.12 (3) (d) of the statutes is amended to read:
AB380,98,1814
813.12
(3) (d) The judge or
circuit court commissioner shall advise the
15petitioner of the right to serve the respondent the petition by published notice if with
16due diligence the respondent cannot be served as provided under s. 801.11 (1) (a) or
17(b). The clerk of circuit court shall assist the petitioner with the preparation of the
18notice and filing of the affidavit of printing.
AB380, s. 264
19Section
264. 813.12 (4) (a) (intro.) of the statutes is amended to read:
AB380,99,220
813.12
(4) (a) (intro.) A judge or
family circuit court commissioner may grant
21an injunction ordering the respondent to refrain from committing acts of domestic
22abuse against the petitioner, to avoid the petitioner's residence, except as provided
23in par. (am), or any premises temporarily occupied by the petitioner or both, or to
24avoid contacting or causing any person other than a party's attorney to contact the
1petitioner unless the petitioner consents to that contact in writing, or any
2combination of these remedies requested in the petition, if all of the following occur:
AB380, s. 265
3Section
265. 813.12 (4) (a) 3. of the statutes is amended to read:
AB380,99,124
813.12
(4) (a) 3. After hearing, the judge or
family circuit court commissioner
5finds reasonable grounds to believe that the respondent has engaged in, or based
6upon prior conduct of the petitioner and the respondent may engage in, domestic
7abuse of the petitioner. In determining whether to issue an injunction, the judge or
8family circuit court commissioner shall consider the potential danger posed to the
9petitioner and the pattern of abusive conduct of the respondent but may not base his
10or her decision solely on the length of time since the last domestic abuse or the length
11of time since the relationship ended. The judge or
family circuit court commissioner
12may grant only the remedies requested by the petitioner.
AB380, s. 266
13Section
266. 813.12 (4) (am) of the statutes is amended to read:
AB380,99,2014
813.12
(4) (am) If the petitioner and the respondent are not married, the
15respondent owns the premises where the petitioner resides and the petitioner has
16no legal interest in the premises, in lieu of ordering the respondent to avoid the
17petitioner's residence under par. (a) the judge or
family circuit court commissioner
18may order the respondent to avoid the premises for a reasonable time until the
19petitioner relocates and shall order the respondent to avoid the new residence for the
20duration of the order.
AB380, s. 267
21Section
267. 813.12 (4) (b) of the statutes is amended to read:
AB380,99,2522
813.12
(4) (b) The judge or
family
circuit court commissioner may enter an
23injunction only against the respondent named in the petition. No injunction may be
24issued under this subsection under the same case number against the person
25petitioning for the injunction. The judge or
family
circuit court commissioner may
1not modify an order restraining the respondent based solely on the request of the
2respondent.
AB380, s. 268
3Section
268. 813.12 (4m) (a) 2. of the statutes is amended to read:
AB380,100,154
813.12
(4m) (a) 2. Except as provided in par. (ag), require the respondent to
5surrender any firearms that he or she owns or has in his or her possession to the
6sheriff of the county in which the action under this section was commenced, to the
7sheriff of the county in which the respondent resides or to another person designated
8by the respondent and approved by the judge or
family
circuit court commissioner.
9The judge or
circuit court commissioner shall approve the person designated by the
10respondent unless the judge or
circuit court commissioner finds that the person is
11inappropriate and places the reasons for the finding on the record. If a firearm is
12surrendered to a person designated by the respondent and approved by the judge or
13family circuit court commissioner, the judge or
family circuit court commissioner
14shall inform the person to whom the firearm is surrendered of the requirements and
15penalties under s. 941.29 (4).
AB380, s. 269
16Section
269. 813.12 (4m) (b) (intro.) of the statutes is amended to read:
AB380,100,1917
813.12
(4m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be
18returned to the respondent until a judge or
family
circuit court commissioner
19determines all of the following:
AB380, s. 270
20Section
270. 813.12 (4m) (b) 2. of the statutes is amended to read:
AB380,100,2421
813.12
(4m) (b) 2. That the person is not prohibited from possessing a firearm
22under any state or federal law or by the order of any federal court or state court, other
23than an order from which the judge or
family circuit court commissioner is competent
24to grant relief.
AB380, s. 271
25Section
271. 813.12 (5) (c) of the statutes is amended to read:
AB380,101,2
1813.12
(5) (c) A judge or
family circuit court commissioner shall accept any
2legible petition for a temporary restraining order or injunction.
AB380, s. 272
3Section
272. 813.12 (6) (a) of the statutes is amended to read:
AB380,101,94
813.12
(6) (a) If an order is issued under this section, upon request by the
5petitioner the court or
family circuit court commissioner shall order the sheriff to
6accompany the petitioner and assist in placing him or her in physical possession of
7his or her residence or to otherwise assist in executing or serving the temporary
8restraining order or injunction. The petitioner may, at the petitioner's expense, use
9a private process server to serve papers on the respondent.
AB380, s. 273
10Section
273. 813.12 (7m) of the statutes is amended to read:
AB380,101,1311
813.12
(7m) Transcripts. The judge or
family circuit court commissioner shall
12record the temporary restraining order or injunction hearing upon the request of the
13petitioner.
AB380, s. 274
14Section
274. 813.122 (3) (a) of the statutes is amended to read:
AB380,101,2215
813.122
(3) (a) Procedure for an action under this section is in 2 parts. First,
16if the petitioner requests a temporary restraining order, the court or
circuit court
17commissioner shall issue or refuse to issue that order. Second, the court shall hold
18a hearing under sub. (5) on whether to issue an injunction, which is the final relief.
19If the court or
circuit court commissioner issues a temporary restraining order, the
20order shall set forth the date for the hearing on an injunction. If the court or
circuit 21court commissioner does not issue a temporary restraining order, the date for the
22hearing shall be set upon motion by either party.
AB380, s. 275
23Section
275. 813.122 (3) (b) (intro.) of the statutes is amended to read:
AB380,101,2524
813.122
(3) (b) (intro.) The court or
circuit court commissioner, on its
or his or
25her own motion or the motion of any party, may order one or more of the following:
AB380, s. 276
1Section
276. 813.122 (3) (bm) of the statutes is amended to read:
AB380,102,32
813.122
(3) (bm) The court or
circuit court commissioner shall appoint a
3guardian ad litem if the respondent is a parent of the child.
AB380, s. 277
4Section
277. 813.122 (4) (a) (intro.) of the statutes is amended to read:
AB380,102,115
813.122
(4) (a) (intro.) A judge or
circuit court commissioner shall issue a
6temporary restraining order ordering the respondent to avoid the child victim's
7residence or any premises temporarily occupied by the child victim or both, and to
8avoid contacting or causing any person other than a party's attorney to contact the
9child victim unless the petitioner consents in writing and the judge or
circuit court
10commissioner agrees that the contact is in the best interests of the child victim, if all
11of the following occur:
AB380, s. 278
12Section
278. 813.122 (4) (a) 1. of the statutes is amended to read:
AB380,102,1413
813.122
(4) (a) 1. The petitioner submits to the judge or
circuit court
14commissioner a petition alleging the elements set forth under sub. (6) (a).
AB380, s. 279
15Section
279. 813.122 (4) (a) 2. of the statutes is amended to read:
AB380,102,1816
813.122
(4) (a) 2. The judge or
circuit court commissioner finds reasonable
17grounds to believe that the respondent has engaged in, or based on prior conduct of
18the child victim and the respondent may engage in, abuse of the child victim.
AB380, s. 280
19Section
280. 813.122 (5m) (a) 2. of the statutes is amended to read:
AB380,103,620
813.122
(5m) (a) 2. Except as provided in par. (ag), require the respondent to
21surrender any firearms that he or she owns or has in his or her possession to the
22sheriff of the county in which the action under this section was commenced, to the
23sheriff of the county in which the respondent resides or to another person designated
24by the respondent and approved by the judge or
circuit court commissioner. The
25judge or
circuit court commissioner shall approve the person designated by the
1respondent unless the judge or
circuit court commissioner finds that the person is
2inappropriate and places the reasons for the finding on the record. If a firearm is
3surrendered to a person designated by the respondent and approved by the judge or
4circuit court commissioner, the judge or
circuit court commissioner shall inform the
5person to whom the firearm is surrendered of the requirements and penalties under
6s. 941.29 (4).
AB380, s. 281
7Section
281. 813.122 (5m) (b) (intro.) of the statutes is amended to read:
AB380,103,108
813.122
(5m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be
9returned to the respondent until a judge or
circuit court commissioner determines
10all of the following:
AB380, s. 282
11Section
282. 813.122 (5m) (b) 2. of the statutes is amended to read:
AB380,103,1512
813.122
(5m) (b) 2. That the person is not prohibited from possessing a firearm
13under any state or federal law or by the order of any federal court or state court, other
14than an order from which the judge or
circuit court commissioner is competent to
15grant relief.
AB380, s. 283
16Section
283. 813.122 (9) (a) of the statutes is amended to read:
AB380,103,2017
813.122
(9) (a) If an order is issued under this section, upon request by the
18petitioner, the court or
circuit court commissioner, as applicable, shall order the
19sheriff to assist in executing or serving the temporary restraining order or
20injunction.
AB380, s. 284
21Section
284. 813.123 (3) (a) of the statutes is amended to read:
AB380,104,422
813.123
(3) (a) Procedure for an action under this section is in 2 parts. First,
23if the petitioner requests a temporary restraining order, the court or
circuit court
24commissioner shall issue or refuse to issue that order. Second, the court shall hold
25a hearing under sub. (5) on whether to issue an injunction, which is the final relief.
1If the court or
circuit court commissioner issues a temporary restraining order, the
2order shall set forth the date for the hearing on an injunction. If the court or
circuit 3court commissioner does not issue a temporary restraining order, the date for the
4hearing shall be set upon motion by either party.
AB380, s. 285
5Section
285. 813.123 (3) (b) (intro.) of the statutes is amended to read:
AB380,104,76
813.123
(3) (b) (intro.) The court or
circuit court commissioner, on its or his or
7her own motion or the motion of any party, may order one or more of the following:
AB380, s. 286
8Section
286. 813.123 (4) (a) of the statutes is amended to read:
AB380,104,159
813.123
(4) (a) Unless the vulnerable adult, guardian or guardian ad litem
10consents in writing and the judge or
circuit court commissioner agrees that the
11contact is in the best interests of the vulnerable adult, a judge or
circuit court
12commissioner shall issue a temporary restraining order ordering the respondent to
13avoid interference with an investigation of the vulnerable adult under s. 55.043, the
14delivery of protective services to the vulnerable adult under s. 55.05 or a protective
15placement of the vulnerable adult under s. 55.06 if all of the following occur:
AB380,104,1716
1. The petitioner submits to the judge or
circuit court commissioner a petition
17alleging the elements set forth under sub. (6).
AB380,104,2218
2. The judge or
circuit court commissioner finds reasonable grounds to believe
19that the respondent has interfered with, or based on prior conduct of the respondent
20may interfere with, an investigation of the vulnerable adult under s. 55.043, the
21delivery of protective services to the vulnerable adult under s. 55.05 or a protective
22placement of the vulnerable adult under s. 55.06.
AB380, s. 287
23Section
287. 813.123 (8) (a) of the statutes is amended to read:
AB380,105,3
1813.123
(8) (a) If an order is issued under this section, upon request by the
2petitioner, the court or
circuit court commissioner shall order the sheriff to assist in
3executing or serving the temporary restraining order or injunction.
AB380, s. 288
4Section
288. 813.125 (3) (a) (intro.) of the statutes is amended to read:
AB380,105,75
813.125
(3) (a) (intro.) A judge or
circuit court commissioner may issue a
6temporary restraining order ordering the respondent to cease or avoid the
7harassment of another person, if all of the following occur:
AB380, s. 289
8Section
289. 813.125 (3) (a) 2. of the statutes is amended to read:
AB380,105,109
813.125
(3) (a) 2. The judge or
circuit court commissioner finds reasonable
10grounds to believe that the respondent has violated s. 947.013.
AB380, s. 290
11Section
290. 813.125 (3) (c) of the statutes is amended to read:
AB380,105,1812
813.125
(3) (c) The temporary restraining order is in effect until a hearing is
13held on issuance of an injunction under sub. (4). A judge or
circuit court
14commissioner shall hold a hearing on issuance of an injunction within 7 days after
15the temporary restraining order is issued, unless the time is extended upon the
16written consent of the parties or extended once for 7 days upon a finding that the
17respondent has not been served with a copy of the temporary restraining order
18although the petitioner has exercised due diligence.
AB380, s. 291
19Section
291. 813.125 (4) (a) (intro.) of the statutes is amended to read:
AB380,105,2220
813.125
(4) (a) (intro.) A judge or
circuit court commissioner may grant an
21injunction ordering the respondent to cease or avoid the harassment of another
22person, if all of the following occur:
AB380, s. 292
23Section
292. 813.125 (4) (a) 2. of the statutes is amended to read:
AB380,106,524
813.125
(4) (a) 2. The petitioner serves upon the respondent a copy of a
25restraining order obtained under sub. (3) and notice of the time for the hearing on
1the issuance of the injunction under sub. (3) (c). The restraining order or notice of
2hearing served under this subdivision shall inform the respondent that, if the judge
3or
circuit court commissioner issues an injunction, the judge or
circuit court
4commissioner may also order the respondent not to possess a firearm while the
5injunction is in effect.
AB380, s. 293
6Section
293. 813.125 (4) (a) 3. of the statutes is amended to read:
AB380,106,87
813.125
(4) (a) 3. After hearing, the judge or
circuit court commissioner finds
8reasonable grounds to believe that the respondent has violated s. 947.013.
AB380, s. 294
9Section
294. 813.125 (4m) (a) of the statutes is amended to read:
AB380,106,1510
813.125
(4m) (a) If a judge or
circuit court commissioner issues an injunction
11under sub. (4) and the judge or
circuit court commissioner determines, based on clear
12and convincing evidence presented at the hearing on the issuance of the injunction,
13that the respondent may use a firearm to cause physical harm to another or to
14endanger public safety, the judge or
circuit court commissioner may prohibit the
15respondent from possessing a firearm.
AB380, s. 295
16Section
295. 813.125 (4m) (c) 2. of the statutes is amended to read:
AB380,107,317
813.125
(4m) (c) 2. Except as provided in par. (cg), require the respondent to
18surrender any firearms that he or she owns or has in his or her possession to the
19sheriff of the county in which the action under this section was commenced, to the
20sheriff of the county in which the respondent resides or to another person designated
21by the respondent and approved by the judge or
circuit court commissioner. The
22judge or
circuit court commissioner shall approve the person designated by the
23respondent unless the judge or
circuit court commissioner finds that the person is
24inappropriate and places the reasons for the finding on the record. If a firearm is
25surrendered to a person designated by the respondent and approved by the judge or
1circuit court commissioner, the judge or
circuit court commissioner shall inform the
2person to whom the firearm is surrendered of the requirements and penalties under
3s. 941.29 (4).
AB380, s. 296
4Section
296. 813.125 (4m) (d) (intro.) of the statutes is amended to read:
AB380,107,75
813.125
(4m) (d) (intro.) A firearm surrendered under par. (c) 2. may not be
6returned to the respondent until a judge or
circuit court commissioner determines
7all of the following:
AB380, s. 297
8Section
297. 813.125 (4m) (d) 2. of the statutes is amended to read:
AB380,107,129
813.125
(4m) (d) 2. That the person is not prohibited from possessing a firearm
10under any state or federal law or by the order of any federal court or state court, other
11than an order from which the judge or
circuit court commissioner is competent to
12grant relief.
AB380, s. 298
13Section
298. 813.125 (5) (am) of the statutes is amended to read:
AB380,107,1714
813.125
(5) (am) The petition shall inform the respondent that, if the judge or
15circuit court commissioner issues an injunction, the judge or
circuit court
16commissioner may also order the respondent not to possess a firearm while the
17injunction is in effect.