c. Any recent threat of violence or act of violence by the respondent directed 21
toward himself or herself or another person.
d. Any pattern of violent acts or violent threats by the respondent within the 23
past 12 months, including threats of violence or acts of violence directed toward 24
himself or herself or another person.
5. The judge or circuit court commissioner may base the finding under subd. 2
3. on any factors in addition to those under subd. 4., including any of the following:
a. Any unlawful or reckless use, display, or brandishing of a firearm by the 4
b. The respondent's history of use, attempted use, or threatened use of physical 6
force against another person.
c. A prior arrest of the respondent for a felony.
d. Evidence that the respondent has abused controlled substances or alcohol.
e. Evidence that the respondent has recently acquired firearms, ammunition, 10
or other dangerous weapons.
(b) The judge may enter an injunction only against the respondent named in 12
(c) 1. An injunction under this subsection is effective for one year unless a judge 14
vacates the injunction under par. (d).
2. When an injunction expires, the court shall extend the injunction, upon 16
petition filed up to 3 months before the expiration of the injunction, for one year if 17
the judge finds reasonable grounds to believe that the respondent is substantially 18
likely to injure himself or herself or another person if the respondent possesses a 19
(d) A respondent who is subject to an injunction under this subsection may 21
request a judge to vacate the injunction one time during the initial injunction period 22
and one time during each extended injunction period. The judge shall vacate the 23
order if the judge does not find reasonable grounds to believe that the respondent is 24
substantially likely to injure himself or herself or another person if the respondent 25
possesses a firearm.
(e) An injunction issued under this subsection shall inform the respondent 2
named in the petition of the requirements and penalties under s. 941.29.
(a) The petition shall allege facts sufficient to show the following:
1. The name of the petitioner and, unless the petitioner is a law enforcement 5
officer, his or her relationship to the respondent.
2. The name of the respondent.
3. That the respondent is substantially likely to injure himself or herself or 8
another person if the respondent possesses a firearm.
4. The name of at least one adult who has personal knowledge of the conduct 10
of the respondent, who is not the petitioner, and who is able to testify that the 11
respondent is substantially likely to injure himself or herself or another person if the 12
respondent possesses a firearm.
5. If the petitioner knows, the number, types, and locations of any firearms that 14
the respondent possesses.
(b) The clerk of the circuit court shall provide simplified forms to help a person 16
file a petition.
(c) Only a law enforcement officer or a spouse, sibling, parent, child, or current 18
or recent household member of the respondent may prepare and file a petition under 19
20(6) Enforcement assistance.
(a) 1. If an injunction is issued, extended, or 21
vacated under sub. (4), the clerk of the circuit court shall notify the department of 22
justice of the action and shall provide the department of justice with information 23
concerning the period during which the injunction is in effect or the date on which 24
the injunction is vacated and with information necessary to identify the respondent 25
for purposes of responding to a request under s. 165.63 or for purposes of a firearms
restrictions record search under s. 175.35 (2g) (c) or a background check under s. 2
175.60 (9g) (a).
2. Except as provided in subd. 3., the department of justice may disclose 4
information that it receives under subd. 1. only to respond to a request under s. 5
165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or 6
a background check under s. 175.60 (9g) (a).
3. The department of justice shall disclose any information that it receives 8
under subd. 1. to a law enforcement agency when the information is needed for law 9
(b) Within one business day after an order or injunction is issued, extended, or 11
vacated under this section, the clerk of the circuit court shall send a copy of the order 12
or injunction, or of the order extending or vacating an order or injunction, to the 13
sheriff or to any other local law enforcement agency which is the central repository 14
for orders and injunctions and which has jurisdiction over the petitioner's premises.
(c) No later than 24 hours after receiving the information under par. (b), the 16
sheriff or other appropriate local law enforcement agency under par. (b) shall enter 17
the information concerning an order or injunction issued, extended, or vacated under 18
this section into the transaction information for management of enforcement system. 19
The sheriff or other appropriate local law enforcement agency shall also make 20
available to other law enforcement agencies, through a verification system, 21
information on the existence and status of any order or injunction issued under this 22
section. The information need not be maintained after the order or injunction is no 23
longer in effect.
Whoever files a petition under this section for a temporary 25
restraining order or injunction knowing the information in the petition to be false or
with the intent to harass shall be fined not more than $10,000 or imprisoned for not 2
more than 9 months or both.
3(8) Return of firearms and form.
(a) A firearm surrendered under this section 4
may not be returned to the respondent until the respondent completes a petition for 5
the return of firearms under par. (c) and a judge or circuit court commissioner 6
determines all of the following:
1. That the temporary restraining order or injunction has been vacated or has 8
expired and not been extended.
2. That the person is not prohibited from possessing a firearm under any state 10
or federal law or by the order of any federal court or state court, other than an order 11
from which the judge or circuit court commissioner is competent to grant relief. The 12
court or commissioner shall use the information provided under s. 165.63 to aid in 13
making the determination under this subdivision.
(b) If a respondent surrenders under this section a firearm that is owned by a 15
person other than the respondent, the person who owns the firearm may apply for 16
its return to the circuit court for the county in which the person to whom the firearm 17
was surrendered is located. The court shall order such notice as it considers 18
adequate to be given to all persons who have or may have an interest in the firearm 19
and shall hold a hearing to hear all claims to its true ownership. If the right to 20
possession is proved to the court's satisfaction, it shall order the firearm returned. 21
If the court returns a firearm under this paragraph, the court shall inform the person 22
to whom the firearm is returned of the requirements and penalties under s. 941.29 23
(c) The director of state courts shall develop a petition for the return of firearms 25
in substantially the following form:
STATE OF WISCONSIN
IN CIRCUIT COURT FOR .... COUNTY
Petition to Return Firearm(s)
In re the Return of Firearms to (name of person required to surrender firearms 5
in an action under s. 813.124)
Requesting person's information: date of birth, sex, race, height, weight, hair 7
color, eye color, address, and phone number.
Under oath I state that:
1. The court issued a temporary restraining order or injunction against me on 10
(date of order or injunction).
2. The court ordered me to surrender any firearms I had in my possession, and 12
I surrendered the firearms to the sheriff of this county or the sheriff of the county in 13
which I resided, which is (name of county).
3. I surrendered the following firearms as provided in item 2 and have attached 15
a receipt from the sheriff.
4. The temporary restraining order or injunction has (been vacated) (expired 17
and has not been extended).
5. I (have) (have not) been convicted of a misdemeanor crime of domestic 19
6. I (have) (have not) been convicted of a felony.
7. I am not prohibited from possessing a firearm under any state or federal law 22
or by the order of any federal court or state court, other than an order from which a 23
judge or court commissioner is competent to grant relief.
I request that the court enter an order directing that the sheriff named under 2
item 2 return to me those firearms that were surrendered under the order of the 3
Subscribed and sworn to before me on (date)
(Signature of person requesting return of firearms)
(Signature of notary public, state of Wisconsin)
My commission expires on (date)
Dated this .... day of ...., .... (year)
1. Court - original 2. Petitioner in action under s. 813.124 3. Sheriff to whom 11
firearm(s) were surrendered
813.126 of the statutes is amended to read:
13813.126 New hearing.
If a party seeks to have the judge conduct a hearing 14
de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court 15
commissioner in an action under s. 813.12, 813.122, 813.123, 813.124,
or 813.125, 16
including a denial of a request for a temporary restraining order, the motion 17
requesting the hearing must be filed with the court within 30 days after the circuit 18
court commissioner issued the determination, order, or ruling. The court shall hold 19
the de novo hearing within 30 days after the motion requesting the hearing is filed 20
with the court unless the court finds good cause for an extension. Any determination, 21
order, or ruling entered by a court commissioner in an action under s. 813.12, 22
813.122, 813.123, 813.124,
or 813.125 remains in effect until the judge in the de novo 23
hearing issues his or her final determination, order, or ruling.
813.127 of the statutes is amended to read:
1813.127 Combined actions; domestic abuse, child abuse and
A petitioner may combine in one action 2 or more petitions under one 3
or more of the provisions in ss. 813.12, 813.122, 813.124,
and 813.125 if the 4
respondent is the same person in each petition. In any such action, there is only one 5
fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different 6
types of temporary restraining orders or injunctions may be combined.
813.128 (1) (a) of the statutes is amended to read:
(a) A foreign protection order or modification of the foreign 9
protection order that meets the requirements under s. 806.247 (2) has the same effect 10
as an order issued under s. 813.12, 813.122, 813.123, 813.124,
or 813.125, except that 11
the foreign protection order or modification shall be enforced according to its own 12
941.29 (1) (f) of the statutes is amended to read:
(f) Enjoined under an injunction issued under s. 813.12 or,
15or 813.124, ordered not to possess a firearm under a temporary restraining order
16issued under s. 813.124,
under a tribal injunction, as defined in s. 813.12 17
(1) (e), issued by a court established by any federally recognized Wisconsin Indian 18
tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice 19
to the respondent that he or she is subject to the requirements and penalties under 20
this section and that has been filed under s. 806.247 (3).
941.29 (2) (e) of the statutes is amended to read:
(e) The person possesses a firearm while the injunction or temporary
, as specified in sub. (1) (f), is in effect.