LRB-0708/1
PJH:eev:rs
2015 - 2016 LEGISLATURE
January 27, 2015 - Introduced by Representatives Loudenbeck, Jacque, Ballweg,
Bernier, Billings, Born, Bowen, E. Brooks, Czaja, Doyle, Hintz, Hutton,
Jagler, Johnson, Kahl, Kerkman, Kleefisch, Kremer, T. Larson, Murphy,
Mursau, Neylon, Ohnstad, Petersen, Ripp, Rodriguez, Rohrkaste, Sargent,
Sinicki, Spiros, Spreitzer, Steffen, Steineke, Subeck, Swearingen,
Thiesfeldt, Tittl, Tranel, Weatherston and Zamarripa, cosponsored by
Senators Wanggaard, Harsdorf, Petrowski, Erpenbach, Gudex, Marklein,
Moulton, Nass, Olsen, L. Taylor and Vinehout. Referred to Committee on
Interstate Affairs.
AB10,1,4 1An Act to amend 801.04 (1); and to create 801.05 (11m) and 813.015 of the
2statutes; relating to: jurisdiction in matters relating to domestic abuse
3restraining orders and injunctions, child and at-risk adult abuse restraining
4orders and injunctions, and harassment restraining 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 the circumstances in which a court has subject matter and
personal jurisdiction in certain actions for restraining orders or injunctions in cases
of domestic abuse, child or at-risk adult 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. An act or threat that occurred outside this state is part of an ongoing pattern
of harassment that has an adverse effect on the petitioner or a member of the
petitioner's family or household if, while the petitioner or a member of the
petitioner's family or household resides in this state, the respondent communicated
with the petitioner or his or her family or indicated a threat to the petitioner or to
a member of his or her family or household.

2. The petitioner or a member of the petitioner's family or household has sought
safety or protection in this state as a result of the respondent's actions or threats if,
while the petitioner or a member of the petitioner's family or household resides in
this state, the respondent communicated with the petitioner or his or her family or
indicated a threat to the petitioner, or a member of his or her family or household.
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
action.
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:
AB10,1 1Section 1. 801.04 (1) of the statutes is amended to read:
AB10,2,92 801.04 (1) Jurisdiction of subject matter required for all civil actions. A
3court of this state may entertain a civil action only when the court has power to hear
4the kind of action brought. The power of the court to hear the kind of action brought
5is called "jurisdiction of the subject matter". Jurisdiction of the subject matter is
6conferred by the constitution and statutes of this state and by statutes of the United
7States; it cannot be conferred by consent of the parties. Nothing Except as provided
8in s. 813.015, nothing
in chs. 801 to 847 affects the subject matter jurisdiction of any
9court of this state.
AB10,2 10Section 2. 801.05 (11m) of the statutes is created to read:
AB10,2,1411 801.05 (11m) Certain restraining orders or injunctions. (a) Subject to subch.
12II of ch. 822, and in addition to personal jurisdiction under sub. (1) and s. 801.06, in
13any action filed pursuant to s. 813.12, 813.122, 813.123, or 813.125, if any of the
14following apply:
AB10,3,4
11. Subject to par. (b), an act or threat of the respondent giving rise to the petition
2occurred outside the state and is part of an ongoing pattern of harassment that has
3an adverse effect on the petitioner or a member of the petitioner's family or
4household, and the petitioner resides in this state.
AB10,3,75 2. Subject to par. (b), the petitioner or a member of the petitioner's family or
6household has sought safety or protection in this state as a result of an act or threat
7of the respondent giving rise to the petition.
AB10,3,98 3. Personal jurisdiction is permissible under the constitution of the United
9States or of the state of Wisconsin.
AB10,3,2010 (b) Paragraph (a) 1. or 2. applies if, while the petitioner or a member of the
11petitioner's family or household resides or is temporarily living in this state, the
12respondent has had direct or indirect communication with the petitioner or a
13member of the petitioner's family or household or if the respondent has indicated a
14threat to the physical health or safety of the petitioner or of a member of the
15petitioner's family or household. A communication or indication for the purpose of
16this paragraph includes communication through mail, telephone, electronic message
17or transmittal, and posting on an electronic communication site, web page, or other
18electronic medium. Communication on any electronic medium that is generally
19available to any individual residing in this state is sufficient to exercise jurisdiction
20under par. (a) 1. or 2.
AB10,3,2521 (c) If a court has personal jurisdiction pursuant to par. (a) and a respondent has
22been served but does not appear or does not file a response or motion asserting the
23defense of lack of personal jurisdiction, the court shall hear the action. This
24paragraph does not limit the respondent's right to challenge personal jurisdiction on
25appeal.
AB10,3
1Section 3. 813.015 of the statutes is created to read:
AB10,4,5 2813.015 Subject matter jurisdiction. In an action filed pursuant to s.
3813.12, 813.122, or 813.125, the court has jurisdiction of the subject matter under s.
4801.04 regardless of whether the alleged abuse or harassment occurred within the
5state.
AB10,4,66 (End)
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