AB176,5,223
813.122
(3) (bp)
That all All persons, other than the parties, their attorneys,
24witnesses, child victim advocates, service representatives, as defined in s. 895.45 (1)
1(c), court personnel and any guardian ad litem,
shall be excluded from any hearing
2under this section.
AB176,5,73
(bq)
That access to any Any record of an action under this section
be is
4confidential and is available only to the parties, their attorneys, any guardian ad
5litem, court personnel
, the child victim, law enforcement, and any applicable court
6upon appeal
, except that a record may be available to any other person as required
7by law, as necessary to effect service, or upon a court order for good cause shown.
AB176,10
8Section
10. 813.122 (3) (bm) of the statutes is renumbered 813.122 (3) (b) 2m.
AB176,11
9Section
11. 813.122 (4) (c) of the statutes is amended to read:
AB176,5,1810
813.122
(4) (c) The temporary restraining order is in effect until a hearing is
11held on issuance of an injunction under sub. (5). A judge shall hold a hearing on
12issuance of an injunction within 14 days after the temporary restraining order is
13issued, unless the time is extended upon the written consent of the parties
, extended
14under s. 801.58 (2m), or extended once for 14 days upon a finding that the respondent
15has not been served with a copy of the temporary restraining order although the
16petitioner has exercised due diligence.
A judge or court commissioner may not
17extend the temporary restraining order in lieu of ruling on the issuance of an
18injunction.
AB176,12
19Section
12. 813.122 (5) (d) 4. of the statutes is amended to read:
AB176,5,2220
813.122
(5) (d) 4. Notice need not be given to the respondent before extending
21an injunction under subd. 2. or 3. The
petitioner
clerk of courts shall notify the
22respondent after the court extends an injunction under subd. 2. or 3.
AB176,13
23Section
13. 813.122 (5g) of the statutes is created to read:
AB176,6,424
813.122
(5g) Confidentiality of addresses. The petition under sub. (6) and
25the court order under sub. (4) or (5) may not disclose the address of the petitioner or
1of the alleged child victim. The petitioner shall provide the clerk of circuit court with
2the address of the petitioner and of the alleged child victim when he or she files a
3petition under this section. The clerk shall maintain the addresses in a confidential
4manner.
AB176,14
5Section
14. 813.123 (4) (c) of the statutes is amended to read:
AB176,6,146
813.123
(4) (c) The temporary restraining order is in effect until a hearing is
7held on issuance of an injunction under sub. (5). A judge shall hold a hearing on
8issuance of an injunction within 14 days after the temporary restraining order is
9issued, unless the time is extended upon the written consent of the parties
, extended
10under s. 801.58 (2m), or extended once for 14 days upon a finding that the respondent
11has not been served with a copy of the temporary restraining order although the
12petitioner has exercised due diligence.
A judge or court commissioner may not
13extend the temporary restraining order in lieu of ruling on the issuance of an
14injunction.
AB176,15
15Section
15. 813.123 (5) (c) 4. of the statutes is amended to read:
AB176,6,1816
813.123
(5) (c) 4. Notice need not be given to the respondent before extending
17an injunction under subd. 2. or 3. The
petitioner
clerk of courts shall notify the
18respondent after the court extends an injunction under subd. 2. or 3.
AB176,16
19Section
16. 813.123 (5g) of the statutes is created to read:
AB176,6,2520
813.123
(5g) Confidentiality of addresses. The petition under sub. (6) and
21the court order under sub. (4) or (5) may not disclose the address of the petitioner or
22of the individual at risk. The petitioner shall provide the clerk of circuit court with
23the address of the petitioner and of the individual at risk when he or she files a
24petition under this section. The clerk shall maintain the addresses in a confidential
25manner.
AB176,17
1Section
17. 813.125 (3) (a) (intro.) of the statutes is amended to read:
AB176,7,82
813.125
(3) (a) (intro.) A judge or circuit court commissioner may issue a
3temporary restraining order ordering the respondent
to avoid contacting or causing
4any person other than a party's attorney or a law enforcement officer to contact the
5petitioner without the petitioner's written consent; to cease or avoid the harassment
6of another person
,; to avoid the petitioner's residence, except as provided in par. (am),
7or any premises temporarily occupied by the petitioner or both
,; or any combination
8of these remedies requested in the petition, if all of the following occur:
AB176,18
9Section
18. 813.125 (3) (c) of the statutes is amended to read:
AB176,7,1810
813.125
(3) (c) The temporary restraining order is in effect until a hearing is
11held on issuance of an injunction under sub. (4). A judge or circuit court
12commissioner shall hold a hearing on issuance of an injunction within 14 days after
13the temporary restraining order is issued, unless the time is extended upon the
14written consent of the parties
, extended under s. 801.58 (2m), or extended once for
1514 days upon a finding that the respondent has not been served with a copy of the
16temporary restraining order although the petitioner has exercised due diligence.
A
17judge or court commissioner may not extend the temporary restraining order in lieu
18of ruling on the issuance of an injunction.
AB176,19
19Section
19. 813.125 (4) (a) (intro.) of the statutes is amended to read:
AB176,8,220
813.125
(4) (a) (intro.) A judge or circuit court commissioner may grant an
21injunction ordering the respondent
to avoid contacting or causing any person other
22than a party's attorney or a law enforcement officer to contact the petitioner without
23the petitioner's written consent; to cease or avoid the harassment of another person
,; 24to avoid the petitioner's residence, except as provided in par. (am), or any premises
1temporarily occupied by the petitioner or both
,
; or any combination of these remedies
2requested in the petition, if all of the following occur:
AB176,20
3Section
20. 813.126 of the statutes is amended to read:
AB176,8,14
4813.126 New hearing. If a party seeks to have the judge conduct a hearing
5de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court
6commissioner in an action under s. 813.12, 813.122, 813.123, or 813.125, including
7a denial of a request for a temporary restraining order, the motion requesting the
8hearing must be filed with the court within 30 days after the circuit court
9commissioner issued the determination, order, or ruling. The court shall hold the de
10novo hearing within 30 days after the motion requesting the hearing is filed with the
11court unless the court finds good cause for an extension.
Any determination, order,
12or ruling entered by a court commissioner in an action under s. 813.12, 813.122,
13813.123, or 813.125 remains in effect until the judge in the de novo hearing issues
14his or her final determination, order, or ruling.
AB176,21
15Section
21.
Initial applicability.
AB176,8,1716
(1)
Name change petitions. The treatment of section 786.37 (4) of the statutes
17first applies to petitions filed on the effective date of this subsection.
AB176,8,2118
(2)
Closed hearings and sealed records in actions for child abuse temporary
19restraining orders and injunctions. The treatment of section 813.122 (3) (b)
20(intro.), 1., 2., and 3. and (bm) of the statutes first applies to a petition filed under
21section 813.122 of the statutes on the effective date of this subsection.
AB176,8,2422
(3)
Confidentiality of addresses. The treatment of sections 813.122 (5g) and
23813.123 (5g) of the statutes first applies to a petition filed under section 813.122 or
24813.123 of the statutes on the effective date of this subsection.
AB176,9,4
1(4)
Harassment orders. The treatment of section 813.125 (3) (a) (intro.) and
2(4) (a) (intro.) of the statutes first applies to a temporary restraining order or
3injunction issued under section 813.125 of the statutes on the effective date of this
4subsection.
AB176,9,65
(5)
New hearings. The treatment of section 813.126 of the statutes first applies
6to a motion requesting a de novo hearing filed on the effective date of this subsection.