2005 WISCONSIN ACT 272
An Act to amend 813.122 (4) (c), 813.125 (1) (a), 813.125 (3) (a) 2., 813.125 (3) (c), 813.125 (4) (a) 3., 813.125 (4) (c), 813.125 (5) (a) 3., 814.61 (1) (d) and 814.61 (1) (e) of the statutes; relating to: child abuse and harassment restraining orders.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
272,1g
Section 1g. 813.122 (4) (c) of the statutes is amended to read:
813.122 (4) (c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (5). A judge shall hold a hearing on issuance of an injunction within 7 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 7 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.
272,1m
Section
1m. 813.125 (1) (a) of the statutes is amended to read:
813.125 (1) (a) Striking, shoving, kicking or otherwise subjecting another person to physical contact; engaging in an act that would constitute abuse under s. 48.02 (1), sexual assault under s. 940.225, or stalking under s. 940.32; or attempting or threatening to do the same.
272,2
Section
2. 813.125 (3) (a) 2. of the statutes is amended to read:
813.125 (3) (a) 2. The judge or circuit court commissioner finds reasonable grounds to believe that the respondent has violated s. 947.013 engaged in harassment with intent to harass or intimidate the petitioner.
272,3
Section
3. 813.125 (3) (c) of the statutes is amended to read:
813.125 (3) (c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4). A judge or circuit court commissioner shall hold a hearing on issuance of an injunction within 7 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 7 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.
272,4
Section
4. 813.125 (4) (a) 3. of the statutes is amended to read:
813.125 (4) (a) 3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has violated s. 947.013 engaged in harassment with intent to harass or intimidate the petitioner.
272,5
Section
5. 813.125 (4) (c) of the statutes is amended to read:
813.125 (4) (c) An injunction under this subsection is effective according to its terms, but for not more than 2 4 years.
272,6
Section
6. 813.125 (5) (a) 3. of the statutes is amended to read:
813.125 (5) (a) 3. That the respondent has violated s. 947.013 engaged in harassment with intent to harass or intimidate the petitioner.
272,7
Section
7. 814.61 (1) (d) of the statutes is amended to read:
814.61 (1) (d) No fee charged under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner under s. 813.12, 813.122, or 813.123. The fee charged under this subsection for petitions filed and granted under s. 813.12, 813.122, or 813.123 shall be collected from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), or 813.123 (4) or (5).
272,8
Section
8. 814.61 (1) (e) of the statutes is amended to read:
814.61 (1) (e) No fee charged under this subsection in any action commenced under s. 813.122, 813.123, or 813.125 may be collected from a petitioner under s. 813.122, 813.123, or 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (am) 1. to 6. If no fee is collected under this paragraph, the fee charged under this subsection for petitions filed and granted under s. 813.122, 813.123, or 813.125 shall be collected from the respondent under s. 813.122, 813.123, or 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4).
