AB354, s. 259
16Section
259. 812.30 (2) of the statutes is amended to read:
AB354,94,1817
812.30
(2) "Court" includes a
circuit court commissioner assigned to preside at
18a proceeding under this subchapter.
AB354, s. 260
19Section
260. 813.025 (1) of the statutes is amended to read:
AB354,94,2420
813.025
(1) No
circuit or supplemental court commissioner
shall may issue any
21injunction or order suspending or restraining the enforcement or execution of any
22statute of the state or of any order of an administrative officer, board, department,
23commission or other state agency purporting to be made pursuant to the statutes of
24the state. If so issued
such, the injunction or order shall be void.
AB354, s. 261
25Section
261. 813.12 (2) (a) of the statutes is amended to read:
AB354,95,12
1813.12
(2) (a) No action under this section may be commenced by complaint and
2summons. An action under this section may be commenced only by a petition
3described under sub. (5) (a). The action commences with service of the petition upon
4the respondent if a copy of the petition is filed before service or promptly after service.
5If the judge or
family a circuit court commissioner extends the time for a hearing
6under sub. (3) (c) and the petitioner files an affidavit with the court stating that
7personal service by the sheriff or a private server under s. 801.11 (1) (a) or (b) was
8unsuccessful because the respondent is avoiding service by concealment or
9otherwise, the petitioner may serve the respondent by publication of the petition as
10a class 1 notice, under ch. 985, and by mailing if the respondent's post-office address
11is known or can with due diligence be ascertained. The mailing may be omitted if the
12post-office address cannot be ascertained with due diligence.
AB354, s. 262
13Section
262. 813.12 (2) (b) of the statutes is amended to read:
AB354,95,2214
813.12
(2) (b) A petition may be filed in conjunction with an action affecting the
15family commenced under ch. 767, but commencement of an action affecting the
16family or any other action is not necessary for the filing of a petition or the issuance
17of a temporary restraining order or an injunction. A judge or
family circuit court
18commissioner may not make findings or issue orders under s. 767.23 or 767.24 while
19granting relief requested only under this section. Section 813.06 does not apply to
20an action under this section. The respondent may respond to the petition either in
21writing before or at the hearing on the issuance of the injunction or orally at that
22hearing.
AB354, s. 263
23Section
263. 813.12 (3) (a) of the statutes is amended to read:
AB354,96,524
813.12
(3) (a) A judge or
family
circuit court commissioner shall issue a
25temporary restraining order ordering the respondent to refrain from committing acts
1of domestic abuse against the petitioner, to avoid the petitioner's residence, except
2as provided in par. (am), or any premises temporarily occupied by the petitioner or
3both, or to avoid contacting or causing any person other than a party's attorney to
4contact the petitioner unless the petitioner consents in writing, or any combination
5of these remedies requested in the petition, if all of the following occur:
AB354,96,76
1. The petitioner submits to the judge or
family
circuit court commissioner a
7petition alleging the elements set forth under sub. (5) (a).
AB354,96,168
2. The judge or
family circuit court commissioner finds reasonable grounds to
9believe that the respondent has engaged in, or based on prior conduct of the
10petitioner and the respondent may engage in, domestic abuse of the petitioner. In
11determining whether to issue a temporary restraining order, the judge or
family 12circuit court commissioner shall consider the potential danger posed to the petitioner
13and the pattern of abusive conduct of the respondent but may not base his or her
14decision solely on the length of time since the last domestic abuse or the length of time
15since the relationship ended. The judge or
family
circuit court commissioner may
16grant only the remedies requested or approved by the petitioner.
AB354, s. 264
17Section
264. 813.12 (3) (am) of the statutes is amended to read:
AB354,96,2418
813.12
(3) (am) If the petitioner and the respondent are not married, the
19respondent owns the premises where the petitioner resides and the petitioner has
20no legal interest in the premises, in lieu of ordering the respondent to avoid the
21petitioner's residence under par. (a) the judge or
family circuit court commissioner
22may order the respondent to avoid the premises for a reasonable time until the
23petitioner relocates and shall order the respondent to avoid the new residence for the
24duration of the order.
AB354, s. 265
25Section
265. 813.12 (3) (c) of the statutes is amended to read:
AB354,97,9
1813.12
(3) (c) The temporary restraining order is in effect until a hearing is held
2on issuance of an injunction under sub. (4). The temporary restraining order is not
3voided if the respondent is admitted into a dwelling that the order directs him or her
4to avoid. A judge or
family circuit court commissioner shall hold a hearing on
5issuance of an injunction within 7 days after the temporary restraining order is
6issued, unless the time is extended upon the written consent of the parties or
7extended once for 14 days upon a finding that the respondent has not been served
8with a copy of the temporary restraining order although the petitioner has exercised
9due diligence.
AB354, s. 266
10Section
266. 813.12 (3) (d) of the statutes is amended to read:
AB354,97,1511
813.12
(3) (d) The judge or
circuit court commissioner shall advise the
12petitioner of the right to serve the respondent the petition by published notice if with
13due diligence the respondent cannot be served as provided under s. 801.11 (1) (a) or
14(b). The clerk of circuit court shall assist the petitioner with the preparation of the
15notice and filing of the affidavit of printing.
AB354, s. 267
16Section
267. 813.12 (4) (a) (intro.) of the statutes is amended to read:
AB354,97,2317
813.12
(4) (a) (intro.) A judge or
family circuit court commissioner may grant
18an injunction ordering the respondent to refrain from committing acts of domestic
19abuse against the petitioner, to avoid the petitioner's residence, except as provided
20in par. (am), or any premises temporarily occupied by the petitioner or both, or to
21avoid contacting or causing any person other than a party's attorney to contact the
22petitioner unless the petitioner consents to that contact in writing, or any
23combination of these remedies requested in the petition, if all of the following occur:
AB354, s. 268
24Section
268. 813.12 (4) (a) 3. of the statutes is amended to read:
AB354,98,9
1813.12
(4) (a) 3. After hearing, the judge or
family circuit court commissioner
2finds reasonable grounds to believe that the respondent has engaged in, or based
3upon prior conduct of the petitioner and the respondent may engage in, domestic
4abuse of the petitioner. In determining whether to issue an injunction, the judge or
5family circuit court commissioner shall consider the potential danger posed to the
6petitioner and the pattern of abusive conduct of the respondent but may not base his
7or her decision solely on the length of time since the last domestic abuse or the length
8of time since the relationship ended. The judge or
family circuit court commissioner
9may grant only the remedies requested by the petitioner.
AB354, s. 269
10Section
269. 813.12 (4) (am) of the statutes is amended to read:
AB354,98,1711
813.12
(4) (am) If the petitioner and the respondent are not married, the
12respondent owns the premises where the petitioner resides and the petitioner has
13no legal interest in the premises, in lieu of ordering the respondent to avoid the
14petitioner's residence under par. (a) the judge or
family circuit court commissioner
15may order the respondent to avoid the premises for a reasonable time until the
16petitioner relocates and shall order the respondent to avoid the new residence for the
17duration of the order.
AB354, s. 270
18Section
270. 813.12 (4) (b) of the statutes is amended to read:
AB354,98,2419
813.12
(4) (b) The judge or
family
circuit court commissioner may enter an
20injunction only against the respondent named in the petition. No injunction may be
21issued under this subsection under the same case number against the person
22petitioning for the injunction. The judge or
family
circuit court commissioner may
23not modify an order restraining the respondent based solely on the request of the
24respondent.
AB354, s. 271
25Section
271. 813.12 (4m) (a) 2. of the statutes is amended to read:
AB354,99,12
1813.12
(4m) (a) 2. Except as provided in par. (ag), require the respondent to
2surrender any firearms that he or she owns or has in his or her possession to the
3sheriff of the county in which the action under this section was commenced, to the
4sheriff of the county in which the respondent resides or to another person designated
5by the respondent and approved by the judge or
family
circuit court commissioner.
6The judge or
circuit court commissioner shall approve the person designated by the
7respondent unless the judge or
circuit court commissioner finds that the person is
8inappropriate and places the reasons for the finding on the record. If a firearm is
9surrendered to a person designated by the respondent and approved by the judge or
10family circuit court commissioner, the judge or
family circuit court commissioner
11shall inform the person to whom the firearm is surrendered of the requirements and
12penalties under s. 941.29 (4).
AB354, s. 272
13Section
272. 813.12 (4m) (b) (intro.) of the statutes is amended to read:
AB354,99,1614
813.12
(4m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be
15returned to the respondent until a judge or
family
circuit court commissioner
16determines all of the following:
AB354, s. 273
17Section
273. 813.12 (4m) (b) 2. of the statutes is amended to read:
AB354,99,2118
813.12
(4m) (b) 2. That the person is not prohibited from possessing a firearm
19under any state or federal law or by the order of any federal court or state court, other
20than an order from which the judge or
family circuit court commissioner is competent
21to grant relief.
AB354, s. 274
22Section
274. 813.12 (5) (c) of the statutes is amended to read:
AB354,99,2423
813.12
(5) (c) A judge or
family
circuit court commissioner shall accept any
24legible petition for a temporary restraining order or injunction.
AB354, s. 275
25Section
275. 813.12 (6) (a) of the statutes is amended to read:
AB354,100,6
1813.12
(6) (a) If an order is issued under this section, upon request by the
2petitioner the court or
family circuit court commissioner shall order the sheriff to
3accompany the petitioner and assist in placing him or her in physical possession of
4his or her residence or to otherwise assist in executing or serving the temporary
5restraining order or injunction. The petitioner may, at the petitioner's expense, use
6a private process server to serve papers on the respondent.
AB354, s. 276
7Section
276. 813.12 (7m) of the statutes is amended to read:
AB354,100,108
813.12
(7m) Transcripts. The judge or
family circuit court commissioner shall
9record the temporary restraining order or injunction hearing upon the request of the
10petitioner.
AB354, s. 277
11Section
277. 813.122 (3) (a) of the statutes is amended to read:
AB354,100,1912
813.122
(3) (a) Procedure for an action under this section is in 2 parts. First,
13if the petitioner requests a temporary restraining order, the court or
circuit court
14commissioner shall issue or refuse to issue that order. Second, the court shall hold
15a hearing under sub. (5) on whether to issue an injunction, which is the final relief.
16If the court or
circuit court commissioner issues a temporary restraining order, the
17order shall set forth the date for the hearing on an injunction. If the court or
circuit 18court commissioner does not issue a temporary restraining order, the date for the
19hearing shall be set upon motion by either party.
AB354, s. 278
20Section
278. 813.122 (3) (b) (intro.) of the statutes is amended to read:
AB354,100,2221
813.122
(3) (b) (intro.) The court or
circuit court commissioner, on its
or his or
22her own motion or the motion of any party, may order one or more of the following:
AB354, s. 279
23Section
279. 813.122 (3) (bm) of the statutes is amended to read:
AB354,100,2524
813.122
(3) (bm) The court or
circuit court commissioner shall appoint a
25guardian ad litem if the respondent is a parent of the child.
AB354, s. 280
1Section
280. 813.122 (4) (a) (intro.) of the statutes is amended to read:
AB354,101,82
813.122
(4) (a) (intro.) A judge or
circuit court commissioner shall issue a
3temporary restraining order ordering the respondent to avoid the child victim's
4residence or any premises temporarily occupied by the child victim or both, and to
5avoid contacting or causing any person other than a party's attorney to contact the
6child victim unless the petitioner consents in writing and the judge or
circuit court
7commissioner agrees that the contact is in the best interests of the child victim, if all
8of the following occur:
AB354, s. 281
9Section
281. 813.122 (4) (a) 1. of the statutes is amended to read:
AB354,101,1110
813.122
(4) (a) 1. The petitioner submits to the judge or
circuit court
11commissioner a petition alleging the elements set forth under sub. (6) (a).
AB354, s. 282
12Section
282. 813.122 (4) (a) 2. of the statutes is amended to read:
AB354,101,1513
813.122
(4) (a) 2. The judge or
circuit court commissioner finds reasonable
14grounds to believe that the respondent has engaged in, or based on prior conduct of
15the child victim and the respondent may engage in, abuse of the child victim.
AB354, s. 283
16Section
283. 813.122 (5m) (a) 2. of the statutes is amended to read:
AB354,102,317
813.122
(5m) (a) 2. Except as provided in par. (ag), 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).
AB354, s. 284
4Section
284. 813.122 (5m) (b) (intro.) of the statutes is amended to read:
AB354,102,75
813.122
(5m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be
6returned to the respondent until a judge or
circuit court commissioner determines
7all of the following:
AB354, s. 285
8Section
285. 813.122 (5m) (b) 2. of the statutes is amended to read:
AB354,102,129
813.122
(5m) (b) 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.
AB354, s. 286
13Section
286. 813.122 (9) (a) of the statutes is amended to read:
AB354,102,1714
813.122
(9) (a) If an order is issued under this section, upon request by the
15petitioner, the court or
circuit court commissioner, as applicable, shall order the
16sheriff to assist in executing or serving the temporary restraining order or
17injunction.
AB354, s. 287
18Section
287. 813.123 (3) (a) of the statutes is amended to read:
AB354,103,219
813.123
(3) (a) Procedure for an action under this section is in 2 parts. First,
20if the petitioner requests a temporary restraining order, the court or
circuit court
21commissioner shall issue or refuse to issue that order. Second, the court shall hold
22a hearing under sub. (5) on whether to issue an injunction, which is the final relief.
23If the court or
circuit court commissioner issues a temporary restraining order, the
24order shall set forth the date for the hearing on an injunction. If the court or
circuit
1court commissioner does not issue a temporary restraining order, the date for the
2hearing shall be set upon motion by either party.
AB354, s. 288
3Section
288. 813.123 (3) (b) (intro.) of the statutes is amended to read:
AB354,103,54
813.123
(3) (b) (intro.) The court or
circuit court commissioner, on its or his or
5her own motion or the motion of any party, may order one or more of the following:
AB354, s. 289
6Section
289. 813.123 (4) (a) of the statutes is amended to read:
AB354,103,137
813.123
(4) (a) Unless the vulnerable adult, guardian or guardian ad litem
8consents in writing and the judge or
circuit court commissioner agrees that the
9contact is in the best interests of the vulnerable adult, a judge or
circuit court
10commissioner shall issue a temporary restraining order ordering the respondent to
11avoid interference with an investigation of the vulnerable adult under s. 55.043, the
12delivery of protective services to the vulnerable adult under s. 55.05 or a protective
13placement of the vulnerable adult under s. 55.06 if all of the following occur:
AB354,103,1514
1. The petitioner submits to the judge or
circuit court commissioner a petition
15alleging the elements set forth under sub. (6).
AB354,103,2016
2. The judge or
circuit court commissioner finds reasonable grounds to believe
17that the respondent has interfered with, or based on prior conduct of the respondent
18may interfere with, an investigation of the vulnerable adult under s. 55.043, the
19delivery of protective services to the vulnerable adult under s. 55.05 or a protective
20placement of the vulnerable adult under s. 55.06.
AB354, s. 290
21Section
290. 813.123 (8) (a) of the statutes is amended to read:
AB354,103,2422
813.123
(8) (a) If an order is issued under this section, upon request by the
23petitioner, the court or
circuit court commissioner shall order the sheriff to assist in
24executing or serving the temporary restraining order or injunction.
AB354, s. 291
25Section
291. 813.125 (3) (a) (intro.) of the statutes is amended to read:
AB354,104,3
1813.125
(3) (a) (intro.) A judge or
circuit court commissioner may issue a
2temporary restraining order ordering the respondent to cease or avoid the
3harassment of another person, if all of the following occur:
AB354, s. 292
4Section
292. 813.125 (3) (a) 2. of the statutes is amended to read:
AB354,104,65
813.125
(3) (a) 2. The judge or
circuit court commissioner finds reasonable
6grounds to believe that the respondent has violated s. 947.013.
AB354, s. 293
7Section
293. 813.125 (3) (c) of the statutes is amended to read:
AB354,104,148
813.125
(3) (c) The temporary restraining order is in effect until a hearing is
9held on issuance of an injunction under sub. (4). A judge or
circuit court
10commissioner shall hold a hearing on issuance of an injunction within 7 days after
11the temporary restraining order is issued, unless the time is extended upon the
12written consent of the parties or extended once for 7 days upon a finding that the
13respondent has not been served with a copy of the temporary restraining order
14although the petitioner has exercised due diligence.
AB354, s. 294
15Section
294. 813.125 (4) (a) (intro.) of the statutes is amended to read:
AB354,104,1816
813.125
(4) (a) (intro.) A judge or
circuit court commissioner may grant an
17injunction ordering the respondent to cease or avoid the harassment of another
18person, if all of the following occur:
AB354, s. 295
19Section
295. 813.125 (4) (a) 2. of the statutes is amended to read:
AB354,105,220
813.125
(4) (a) 2. The petitioner serves upon the respondent a copy of a
21restraining order obtained under sub. (3) and notice of the time for the hearing on
22the issuance of the injunction under sub. (3) (c). The restraining order or notice of
23hearing served under this subdivision shall inform the respondent that, if the judge
24or
circuit court commissioner issues an injunction, the judge or
circuit court
1commissioner may also order the respondent not to possess a firearm while the
2injunction is in effect.
AB354, s. 296
3Section
296. 813.125 (4) (a) 3. of the statutes is amended to read:
AB354,105,54
813.125
(4) (a) 3. After hearing, the judge or
circuit court commissioner finds
5reasonable grounds to believe that the respondent has violated s. 947.013.
AB354, s. 297
6Section
297. 813.125 (4m) (a) of the statutes is amended to read:
AB354,105,127
813.125
(4m) (a) If a judge or
circuit court commissioner issues an injunction
8under sub. (4) and the judge or
circuit court commissioner determines, based on clear
9and convincing evidence presented at the hearing on the issuance of the injunction,
10that the respondent may use a firearm to cause physical harm to another or to
11endanger public safety, the judge or
circuit court commissioner may prohibit the
12respondent from possessing a firearm.
AB354, s. 298
13Section
298. 813.125 (4m) (c) 2. of the statutes is amended to read:
AB354,105,2514
813.125
(4m) (c) 2. Except as provided in par. (cg), require the respondent to
15surrender any firearms that he or she owns or has in his or her possession to the
16sheriff of the county in which the action under this section was commenced, to the
17sheriff of the county in which the respondent resides or to another person designated
18by the respondent and approved by the judge or
circuit court commissioner. The
19judge or
circuit court commissioner shall approve the person designated by the
20respondent unless the judge or
circuit court commissioner finds that the person is
21inappropriate and places the reasons for the finding on the record. If a firearm is
22surrendered to a person designated by the respondent and approved by the judge or
23circuit court commissioner, the judge or
circuit court commissioner shall inform the
24person to whom the firearm is surrendered of the requirements and penalties under
25s. 941.29 (4).
AB354, s. 299
1Section
299. 813.125 (4m) (d) (intro.) of the statutes is amended to read:
AB354,106,42
813.125
(4m) (d) (intro.) A firearm surrendered under par. (c) 2. may not be
3returned to the respondent until a judge or
circuit court commissioner determines
4all of the following:
AB354, s. 300
5Section
300. 813.125 (4m) (d) 2. of the statutes is amended to read:
AB354,106,96
813.125
(4m) (d) 2. That the person is not prohibited from possessing a firearm
7under any state or federal law or by the order of any federal court or state court, other
8than an order from which the judge or
circuit court commissioner is competent to
9grant relief.
AB354, s. 301
10Section
301. 813.125 (5) (am) of the statutes is amended to read: