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LRB-0976/1
PJH:kjf:kf
2015 - 2016 LEGISLATURE
March 27, 2015 - Introduced by Senators Carpenter, Wanggaard, Harris Dodd,
Risser, Nass and C. Larson, cosponsored by Representatives Jacque,
Berceau, Ballweg, Allen, Sinicki, Steffen, Shankland, A. Ott, Zepnick, T.
Larson
, Spreitzer, Subeck, C. Taylor, Johnson, Hintz, Ohnstad and
Billings. Referred to Committee on Judiciary and Public Safety.
SB97,1,5 1An Act to amend 813.12 (3) (aj) and 813.12 (4) (aj); and to create 813.12 (1) (ce),
2813.122 (1) (e), 813.122 (4) (bg), 813.122 (5) (bg), 813.123 (1) (ek), 813.123 (4)
3(av), 813.123 (5) (av), 813.125 (3) (ag) and 813.125 (4) (aL) of the statutes;
4relating to: including orders pertaining to household pets in certain
5restraining orders and injunctions.
Analysis by the Legislative Reference Bureau
Under current law, an individual who is, or who acts on behalf of, a victim of
abuse, harassment, or threats may obtain a temporary restraining order against the
person who has committed the acts of abuse or harassment or making a threat. The
restraining order generally prohibits the person from engaging in additional threats
or acts of abuse or harassment, bars the person from contacting the victim, and
requires the person to stay away from the victim's residence and other places
temporarily occupied by the victim until a court conducts a hearing to determine
whether the restraining order should be incorporated into a longer-lasting
injunction.
If the court determines that the person has engaged in, or may engage in, acts
of abuse, harassment, or threats against the victim, the court may issue a
longer-term injunction against the person. An injunction generally bars the person
from contacting the victim, requires the person to stay away from the victim's
residence, and may require the person to stay away from other locations temporarily
occupied by the victim.

Under this bill, a court may include in a restraining order or an injunction order
provisions pertaining to household pets. Under the bill, a court may order the person
subject to the restraining order or injunction to refrain from removing, damaging,
hiding, harming, or mistreating, or disposing of a household pet. The restraining
order or injunction may also allow the victim of the abuse, harassment, or threats,
or a person acting on his or her behalf, to retrieve a household pet from the person
subject to the restraining order or injunction.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB97,1 1Section 1. 813.12 (1) (ce) of the statutes is created to read:
SB97,2,42 813.12 (1) (ce) "Household pet" means a domestic animal that is not a farm
3animal, as defined in s. 951.01 (3), that is kept, owned, or cared for by the petitioner
4or by a family member or a household member of the petitioner.
SB97,2 5Section 2. 813.12 (3) (aj) of the statutes is amended to read:
SB97,3,26 813.12 (3) (aj) In determining whether to issue a temporary restraining order,
7the judge or circuit court commissioner shall consider the potential danger posed to
8the petitioner and the pattern of abusive conduct of the respondent but may not base
9his or her decision solely on the length of time since the last domestic abuse or the
10length of time since the relationship ended. The judge or circuit court commissioner
11may grant only the remedies requested or approved by the petitioner. The judge or
12circuit court commissioner may order the respondent not to remove, hide, damage,
13harm, or mistreat, or dispose of, a household pet and may order the respondent to
14allow the petitioner or a family member or household member of the petitioner acting
15on his or her behalf to retrieve a household pet.
The judge or circuit court
16commissioner may not dismiss or deny granting a temporary restraining order
17because of the existence of a pending action or of any other court order that bars

1contact between the parties, nor due to the necessity of verifying the terms of an
2existing court order.
SB97,3 3Section 3. 813.12 (4) (aj) of the statutes is amended to read:
SB97,3,164 813.12 (4) (aj) In determining whether to issue an injunction, the judge or
5circuit court commissioner shall consider the potential danger posed to the petitioner
6and the pattern of abusive conduct of the respondent but may not base his or her
7decision solely on the length of time since the last domestic abuse or the length of time
8since the relationship ended. The judge or circuit court commissioner may grant only
9the remedies requested by the petitioner. The judge or circuit court commissioner
10may order the respondent not to remove, hide, damage, harm, or mistreat, or dispose
11of, a household pet and may order the respondent to allow the petitioner or a family
12member or household member of the petitioner acting on his or her behalf to retrieve
13a household pet.
The judge or circuit court commissioner may not dismiss or deny
14granting an injunction because of the existence of a pending action or of any other
15court order that bars contact between the parties, nor due to the necessity of verifying
16the terms of an existing court order.
SB97,4 17Section 4. 813.122 (1) (e) of the statutes is created to read:
SB97,3,2018 813.122 (1) (e) "Household pet" means a domestic animal that is not a farm
19animal, as defined in s. 951.01 (3), that is kept, owned, or cared for by a child victim
20or by a family member or a household member of a child victim.
SB97,5 21Section 5. 813.122 (4) (bg) of the statutes is created to read:
SB97,4,222 813.122 (4) (bg) The judge or circuit court commissioner may order the
23respondent not to remove, hide, damage, harm, or mistreat, or dispose of, a
24household pet and may order the respondent to allow the child victim or a family

1member or household member of the child victim acting on his or her behalf to
2retrieve a household pet.
SB97,6 3Section 6. 813.122 (5) (bg) of the statutes is created to read:
SB97,4,84 813.122 (5) (bg) An injunction under this subsection may include an order to
5the respondent not to remove, hide, damage, harm, or mistreat, or dispose of, a
6household pet and may include an order to the respondent to allow the child victim
7or a family member or household member of the child victim acting on his or her
8behalf to retrieve a household pet.
SB97,7 9Section 7. 813.123 (1) (ek) of the statutes is created to read:
SB97,4,1310 813.123 (1) (ek) "Household pet" means a domestic animal that is not a farm
11animal, as defined in s. 951.01 (3), that is kept, owned, or cared for by an individual
12at risk or an elder adult at risk or by a family member or a household member of an
13individual at risk or an elder adult at risk.
SB97,8 14Section 8. 813.123 (4) (av) of the statutes is created to read:
SB97,4,2015 813.123 (4) (av) A temporary restraining order issued under par. (a) may
16include an order to the respondent not to remove, hide, damage, harm, or mistreat,
17or dispose of, a household pet and may include an order to the respondent to allow
18the individual at risk, the elder adult at risk, or a family member, household member,
19or other person acting on behalf of the individual at risk or the elder adult at risk to
20retrieve a household pet.
SB97,9 21Section 9. 813.123 (5) (av) of the statutes is created to read:
SB97,5,222 813.123 (5) (av) An injunction issued under par. (a) may include an order to the
23respondent not to remove, hide, damage, harm, or mistreat, or dispose of, a
24household pet and may include an order to the respondent to allow the individual at
25risk, the elder adult at risk, or a family member, household member, or other person

1acting on behalf of the individual at risk or the elder adult at risk to retrieve a
2household pet.
SB97,10 3Section 10. 813.125 (3) (ag) of the statutes is created to read:
SB97,5,104 813.125 (3) (ag) The judge or circuit court commissioner may order the
5respondent not to remove, hide, damage, harm, mistreat, or dispose of, a domestic
6animal that is not a farm animal, as defined in s. 951.01 (3), that is kept, owned, or
7cared for by the petitioner or by a family member or a household member of the
8petitioner and may order the respondent to allow the petitioner or a family member
9or household member of the petitioner acting on his or her behalf to retrieve the
10animal.
SB97,11 11Section 11. 813.125 (4) (aL) of the statutes is created to read:
SB97,5,1812 813.125 (4) (aL) The judge or circuit court commissioner may order the
13respondent not to remove, hide, damage, harm, mistreat, or dispose of, a domestic
14animal that is not a farm animal, as defined in s. 951.01 (3), that is kept, owned, or
15cared for by the petitioner or by a family member or a household member of the
16petitioner and may order the respondent to allow the petitioner or a family member
17or household member of the petitioner acting on his or her behalf to retrieve the
18animal.
SB97,5,1919 (End)
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