2013 - 2014 LEGISLATURE
April 25, 2013 - Introduced by Representatives Loudenbeck, Ballweg, Berceau,
Bernard Schaber, Bies, Billings, Born, Brooks, Endsley, Jacque, Hebl,
Kerkman, Kleefisch, T. Larson, Marklein, Murphy, Mursau, Ohnstad, A.
Ott, Pridemore, Richards, Ripp, Schraa, Steineke, Strachota, Tittl, Wright,
Hintz and Swearingen, cosponsored by Senators Harsdorf,
Carpenter, Gudex, Hansen, Jauch, Lassa, Lehman, Moulton, Olsen,
Petrowski, Risser and Shilling. Referred to Committee on Criminal Justice.
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 alleged in the action could have an effect in
2. The petitioner or alleged child victim resides or is living temporarily in
3. Jurisdiction is otherwise permissible under the constitution of the United
States or of the state of Wisconsin.
If a court has personal jurisdiction on any of the listed grounds and a
respondent has been served but does not appear or file a response or motion asserting
the defense of lack of personal jurisdiction, the bill requires the court to hear 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:
801.05 (11m) of the statutes is created to read:
801.05 (11m) Certain restraining orders or injunctions.
(a) 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 the abuse or harassment 5
alleged in the action could have an effect in Wisconsin or the petitioner or alleged 6
child victim resides or is living temporarily in Wisconsin, or if jurisdiction is 7
otherwise permissible under the constitution of the United States or of the state of 8
(b) If a court has personal jurisdiction pursuant to par. (a) and a respondent has 10
been served but does not appear or does not file a response or motion asserting the 11
defense of lack of personal jurisdiction, the court shall hear the action. This 12
paragraph does not limit the respondent's right to challenge personal jurisdiction on 13
813.015 of the statutes is created to read:
15813.015 Subject matter jurisdiction.
In an action filed pursuant to s. 16
813.12, 813.122, or 813.125, the court has jurisdiction of the subject matter under s. 17
801.04 regardless of whether the alleged abuse or harassment occurred within the 18