AB54: Bill Text

AB54,1,6 An Act to renumber 813.12 (7) (intro.), 813.12 (7) (a), 813.12 (7) (b), 813.122 (10) (intro.), 813.122 (10) (a), 813.122 (10) (b), 813.123 (9) (intro.), 813.123 (9) (a), 813.123 (9) (b), 813.125 (6) (intro.), 813.125 (6) (a) and 813.125 (6) (b); to amend 813.12 (7) (c); and to create 813.122 (10) (c), 813.123 (9) (c) and 813.125 (6) (c) of the statutes; relating to: notice for child abuse, vulnerable adult, and harassment injunctions.

Analysis by the Legislative Reference Bureau

Current law allows a court to impose four types of restraining orders: domestic abuse, child abuse, vulnerable adult, and harassment. For each petition for an order, the court first holds a hearing to determine whether to issue a temporary restraining order and later holds a hearing to determine whether to issue an injunction. Temporary restraining orders are effective until the court holds the injunctive hearing. At the hearing, if the court issues a child abuse, vulnerable adult, or harassment injunction, the injunction is effective once the subject of the injunction is served with the injunction. If the court issues a domestic abuse injunction, however, it is effective as soon as the court issues it as long as the subject was served with the petition and the notice of the time for the injunctive hearing.

This bill makes a child abuse injunction, vulnerable adult injunction, or harassment injunction effective as soon as the court issues it as long as the subject was served with the petition and notice of the time for the injunctive hearing.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB54, s. 1 Section 1. 813.12 (7) (intro.) of the statutes is renumbered 813.12 (7) (am) (intro.).

AB54, s. 2 Section 2. 813.12 (7) (a) of the statutes is renumbered 813.12 (7) (am) 1.

AB54, s. 3 Section 3. 813.12 (7) (b) of the statutes is renumbered 813.12 (7) (am) 2.

AB54, s. 4 Section 4. 813.12 (7) (c) of the statutes is amended to read:

AB54,2,11 813.12 (7) (c) A respondent who does not appear at a hearing at which the court orders an injunction under s. 813.12 sub. (4) but who has been served with a copy of the petition and notice of the time for hearing under s. 813.12 (3) sub. (4) (a) 2. has constructive knowledge of the existence of the injunction and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

AB54, s. 5 Section 5. 813.122 (10) (intro.) of the statutes is renumbered 813.122 (10) (am) (intro.).

AB54, s. 6 Section 6. 813.122 (10) (a) of the statutes is renumbered 813.122 (10) (am) 1.

AB54, s. 7 Section 7. 813.122 (10) (b) of the statutes is renumbered 813.122 (10) (am) 2.

AB54, s. 8 Section 8. 813.122 (10) (c) of the statutes is created to read:

AB54,3,2 813.122 (10) (c) A respondent who does not appear at a hearing at which the court orders an injunction under sub. (5) but who has been served with a copy of the petition and notice of the time for hearing under sub. (5) (a) 2. has constructive knowledge of the existence of the injunction and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

AB54, s. 9 Section 9. 813.123 (9) (intro.) of the statutes is renumbered 813.123 (9) (am) (intro.).

AB54, s. 10 Section 10. 813.123 (9) (a) of the statutes is renumbered 813.123 (9) (am) 1.

AB54, s. 11 Section 11. 813.123 (9) (b) of the statutes is renumbered 813.123 (9) (am) 2.

AB54, s. 12 Section 12. 813.123 (9) (c) of the statutes is created to read:

AB54,3,13 813.123 (9) (c) A respondent who does not appear at a hearing at which the court orders an injunction under sub. (5) but who has been served with a copy of the petition and notice of the time for hearing under sub. (5) (a) 2. has constructive knowledge of the existence of the injunction and may be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

AB54, s. 13 Section 13. 813.125 (6) (intro.) of the statutes is renumbered 813.125 (6) (am) (intro.).

AB54, s. 14 Section 14. 813.125 (6) (a) of the statutes is renumbered 813.125 (6) (am) 1.

AB54, s. 15 Section 15. 813.125 (6) (b) of the statutes is renumbered 813.125 (6) (am) 2.

AB54, s. 16 Section 16. 813.125 (6) (c) of the statutes is created to read:

AB54,3,24 813.125 (6) (c) A respondent who does not appear at a hearing at which the court orders an injunction under sub. (4) but who has been served with a copy of the petition and notice of the time for hearing under sub. (4) (a) 2. has constructive knowledge of the existence of the injunction and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

AB54, s. 17 Section 17. Initial applicability.

AB54,4,3 (1) The treatment of sections 813.122 (10) (c), 813.123 (9) (c), and 813.125 (6) (c) of the statutes first applies to actions commenced on the effective date of this subsection.

AB54,4,4 (End)