2011 - 2012 LEGISLATURE
September 7, 2011 - Introduced by Senators Wanggaard, Kedzie, Carpenter and
Harsdorf, cosponsored by Representatives Loudenbeck, Roys, Steineke,
Nass, Petrowski, A. Ott, Pocan, Danou, Wynn, Brooks, Milroy, Strachota,
Nygren, Kerkman, Jacque, Spanbauer, Krug, T. Larson, Kaufert, Ballweg,
Van Roy and Kleefisch. Referred to Committee on Labor, Public Safety, and
1An Act to create
801.05 (11m) and 813.015 of the statutes; relating to:
2jurisdiction in matters relating to domestic abuse restraining orders and
3injunctions, child abuse restraining orders and injunctions, and harassment
4restraining orders and injunctions.
Analysis by the Legislative Reference Bureau
Under current law, a court may entertain a civil action only when the court has
jurisdiction over the subject matter of the action and over the persons who are served
in the action. Jurisdiction is conferred by the U.S. Constitution, the Wisconsin
Constitution, and by statute.
This bill clarifies when a court has subject matter and personal jurisdiction in
certain actions for restraining orders or injunctions in cases of domestic abuse, child
abuse, or harassment. Under the bill, a court has jurisdiction of the subject matter
to entertain those actions regardless of whether the alleged abuse or harassment
occurred within the state. Under the bill, a court has personal jurisdiction over a
person who is in another state if any of the following applies:
1. The abuse or harassment has an effect in Wisconsin.
2. A petition for a restraining order or injunction has been filed in Wisconsin
and the person does not appear, respond, or file a response or motion asserting lack
of jurisdiction as a defense.
3. If the petitioner or the person resides in Wisconsin or the petitioner is
temporarily living in Wisconsin and the abuse or harassment has an effect in
4. Jurisdiction is otherwise permitted under the U.S. Constitution or the
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB177, s. 1
801.05 (11m) of the statutes is created to read:
801.05 (11m) Certain restraining orders or injunctions.
Subject to subch. 3
II of ch. 822, and in addition to personal jurisdiction under sub. (1) and s. 801.06, in 4
any action filed pursuant to s. 813.12, 813.122, or 813.125, if any of the following 5
(a) The abuse or harassment alleged in the action has an effect in Wisconsin.
(b) The petitioner or alleged child victim resides or is living temporarily in 8
(c) The respondent is served but does not appear or does not file a response or 10
motion asserting the defense of lack of personal jurisdiction.
(d) Personal jurisdiction is permissible under the constitution of the United 12
States or of the state of Wisconsin.
SB177, s. 2
813.015 of the statutes is created to read:
14813.015 Subject matter jurisdiction.
In an action filed pursuant to s. 15
813.12, 813.122, or 813.125, the court has jurisdiction of the subject matter under s. 16
801.04 regardless of whether the alleged abuse or harassment occurred within the 17