799.26 (1) When a judgment for money damages is entered under this chapter, the court or circuit court commissioner shall order the judgment debtor to execute under penalty of contempt a disclosure statement and to mail or deliver that statement to the judgment creditor or to the clerk of circuit court in the county where the judgment is entered within 15 days of entry of judgment unless the judgment is sooner satisfied. The statement shall disclose, as of the date of judgment, the debtor's name, residence address, employers and their addresses, any real property interests owned by the debtor, cash on hand, financial institutions in which the judgment debtor has funds on deposit, whether the debtor's earnings are totally exempt from garnishment under s. 812.34 (2) (b), and such other information as required by the schedules adopted under sub. (3).
61,255
Section
255. 803.01 (3) (b) 1. of the statutes is amended to read:
803.01 (3) (b) 1. The guardian ad litem shall be appointed by a circuit court of the county where the action is to be commenced or is pending, except that the guardian ad litem shall be appointed by a family
circuit court commissioner of the county in actions to establish paternity that are before the family circuit court commissioner.
61,256
Section
256. 807.02 of the statutes is amended to read:
807.02 Motions, where heard; stay of proceedings. Except as provided in s. 807.13 or when the parties stipulate otherwise and the court approves, motions in actions or proceedings in the circuit court must be heard within the circuit where the action is triable. Orders out of court, not requiring notice, may be made by the presiding judge of the court in any part of the state. No order to stay proceedings after a verdict, report or finding in any circuit court may be made by a circuit or supplemental court commissioner. No stay of proceedings for more than 20 days may be granted except upon previous notice to the adverse party.
61,257
Section
257. 807.04 (1) of the statutes is amended to read:
807.04 (1) Except as provided under sub. (2), all trials, and all hearings at which oral testimony is to be presented, shall be held in open court. The court may make any order which a judge or a circuit or supplemental court commissioner has power to make. Court commissioners shall have the powers provided in ch. 753 or by other statute.
61,258
Section
258. 807.09 (1) of the statutes is amended to read:
807.09 (1) A circuit judge of the circuit court of any county may appoint and remove at any time, any retired or former circuit or county court judge to act, in matters referred by the judge and in conciliation matters. When a matter for conciliation is referred for such purpose, the conciliator shall have full authority to hear, determine and report findings to the court. Such conciliators may be appointed circuit court commissioners as provided in s. 757.68 under SCR 75.02 (1).
61,259
Section
259. 812.30 (2) of the statutes is amended to read:
812.30 (2) "Court" includes a circuit court commissioner assigned to preside at a proceeding under this subchapter.
61,260
Section
260. 813.025 (1) of the statutes is amended to read:
813.025 (1) No circuit or supplemental court commissioner shall may issue any injunction or order suspending or restraining the enforcement or execution of any statute of the state or of any order of an administrative officer, board, department, commission or other state agency purporting to be made pursuant to the statutes of the state. If so issued such, the injunction or order shall be void.
61,261
Section
261. 813.12 (2) (a) of the statutes is amended to read:
813.12 (2) (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (5) (a). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. If the judge or family a circuit court commissioner extends the time for a hearing under sub. (3) (c) and the petitioner files an affidavit with the court stating that personal service by the sheriff or a private server under s. 801.11 (1) (a) or (b) was unsuccessful because the respondent is avoiding service by concealment or otherwise, the petitioner may serve the respondent by publication of the petition as a class 1 notice, under ch. 985, and by mailing if the respondent's post-office address is known or can with due diligence be ascertained. The mailing may be omitted if the post-office address cannot be ascertained with due diligence.
61,262
Section
262. 813.12 (2) (b) of the statutes is amended to read:
813.12 (2) (b) A petition may be filed in conjunction with an action affecting the family commenced under ch. 767, but commencement of an action affecting the family or any other action is not necessary for the filing of a petition or the issuance of a temporary restraining order or an injunction. A judge or family circuit court commissioner may not make findings or issue orders under s. 767.23 or 767.24 while granting relief requested only under this section. Section 813.06 does not apply to an action under this section. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunction or orally at that hearing.
61,263
Section
263. 813.12 (3) (a) of the statutes is amended to read:
813.12 (3) (a) A judge or family
circuit court commissioner shall issue a temporary restraining order ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party's attorney to contact the petitioner unless the petitioner consents in writing, or any combination of these remedies requested in the petition, if all of the following occur:
1. The petitioner submits to the judge or family circuit court commissioner a petition alleging the elements set forth under sub. (5) (a).
2. The judge or family circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based on prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner. In determining whether to issue a temporary restraining order, the judge or family circuit court commissioner shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or family circuit court commissioner may grant only the remedies requested or approved by the petitioner.
61,264
Section
264. 813.12 (3) (am) of the statutes is amended to read:
813.12 (3) (am) If the petitioner and the respondent are not married, the respondent owns the premises where the petitioner resides and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or family circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.
61,265
Section
265. 813.12 (3) (c) of the statutes is amended to read:
813.12 (3) (c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4). The temporary restraining order is not voided if the respondent is admitted into a dwelling that the order directs him or her to avoid. A judge or family circuit court commissioner shall hold a hearing on issuance of an injunction within 7 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.
61,266
Section
266. 813.12 (3) (d) of the statutes is amended to read:
813.12 (3) (d) The judge or circuit court commissioner shall advise the petitioner of the right to serve the respondent the petition by published notice if with due diligence the respondent cannot be served as provided under s. 801.11 (1) (a) or (b). The clerk of circuit court shall assist the petitioner with the preparation of the notice and filing of the affidavit of printing.
61,267
Section
267. 813.12 (4) (a) (intro.) of the statutes is amended to read:
813.12 (4) (a) (intro.) A judge or family circuit court commissioner may grant an injunction ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party's attorney to contact the petitioner unless the petitioner consents to that contact in writing, or any combination of these remedies requested in the petition, if all of the following occur:
61,268
Section
268. 813.12 (4) (a) 3. of the statutes is amended to read:
813.12 (4) (a) 3. After hearing, the judge or family circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner. In determining whether to issue an injunction, the judge or family circuit court commissioner shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or family circuit court commissioner may grant only the remedies requested by the petitioner.
61,269
Section
269. 813.12 (4) (am) of the statutes is amended to read:
813.12 (4) (am) If the petitioner and the respondent are not married, the respondent owns the premises where the petitioner resides and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or family circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.
61,270
Section
270. 813.12 (4) (b) of the statutes is amended to read:
813.12 (4) (b) The judge or family
circuit court commissioner may enter an injunction only against the respondent named in the petition. No injunction may be issued under this subsection under the same case number against the person petitioning for the injunction. The judge or family circuit court commissioner may not modify an order restraining the respondent based solely on the request of the respondent.
61,271
Section
271. 813.12 (4m) (a) 2. of the statutes is amended to read:
813.12 (4m) (a) 2. Except as provided in par. (ag), require the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or family circuit court commissioner. The judge or circuit court commissioner shall approve the person designated by the respondent unless the judge or circuit court commissioner finds that the person is inappropriate and places the reasons for the finding on the record. If a firearm is surrendered to a person designated by the respondent and approved by the judge or family circuit court commissioner, the judge or family circuit court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).
61,272
Section
272. 813.12 (4m) (b) (intro.) of the statutes is amended to read:
813.12 (4m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be returned to the respondent until a judge or family circuit court commissioner determines all of the following:
61,273
Section
273. 813.12 (4m) (b) 2. of the statutes is amended to read:
813.12 (4m) (b) 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or family circuit court commissioner is competent to grant relief.
61,274
Section
274. 813.12 (5) (c) of the statutes is amended to read:
813.12 (5) (c) A judge or family
circuit court commissioner shall accept any legible petition for a temporary restraining order or injunction.
61,275
Section
275. 813.12 (6) (a) of the statutes is amended to read:
813.12 (6) (a) If an order is issued under this section, upon request by the petitioner the court or family
circuit court commissioner shall order the sheriff to accompany the petitioner and assist in placing him or her in physical possession of his or her residence or to otherwise assist in executing or serving the temporary restraining order or injunction. The petitioner may, at the petitioner's expense, use a private process server to serve papers on the respondent.
61,276
Section
276. 813.12 (7m) of the statutes is amended to read:
813.12 (7m) Transcripts. The judge or family circuit court commissioner shall record the temporary restraining order or injunction hearing upon the request of the petitioner.
61,277
Section
277. 813.122 (3) (a) of the statutes is amended to read:
813.122 (3) (a) Procedure for an action under this section is in 2 parts. First, if the petitioner requests a temporary restraining order, the court or circuit court commissioner shall issue or refuse to issue that order. Second, the court shall hold a hearing under sub. (5) on whether to issue an injunction, which is the final relief. If the court or circuit court commissioner issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court or circuit court commissioner does not issue a temporary restraining order, the date for the hearing shall be set upon motion by either party.
61,278
Section
278. 813.122 (3) (b) (intro.) of the statutes is amended to read:
813.122 (3) (b) (intro.) The court or circuit court commissioner, on its or his or her own motion or the motion of any party, may order one or more of the following:
61,279
Section
279. 813.122 (3) (bm) of the statutes is amended to read:
813.122 (3) (bm) The court or circuit court commissioner shall appoint a guardian ad litem if the respondent is a parent of the child.
61,280
Section
280. 813.122 (4) (a) (intro.) of the statutes is amended to read:
813.122 (4) (a) (intro.) A judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to avoid the child victim's residence or any premises temporarily occupied by the child victim or both, and to avoid contacting or causing any person other than a party's attorney to contact the child victim unless the petitioner consents in writing and the judge or circuit court commissioner agrees that the contact is in the best interests of the child victim, if all of the following occur:
61,281
Section
281. 813.122 (4) (a) 1. of the statutes is amended to read:
813.122 (4) (a) 1. The petitioner submits to the judge or circuit court commissioner a petition alleging the elements set forth under sub. (6) (a).
61,282
Section
282. 813.122 (4) (a) 2. of the statutes is amended to read:
813.122 (4) (a) 2. The judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based on prior conduct of the child victim and the respondent may engage in, abuse of the child victim.
61,283
Section
283. 813.122 (5m) (a) 2. of the statutes is amended to read:
813.122 (5m) (a) 2. Except as provided in par. (ag), require the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner. The judge or circuit court commissioner shall approve the person designated by the respondent unless the judge or circuit court commissioner finds that the person is inappropriate and places the reasons for the finding on the record. If a firearm is surrendered to a person designated by the respondent and approved by the judge or circuit court commissioner, the judge or
circuit court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4).
61,284
Section
284. 813.122 (5m) (b) (intro.) of the statutes is amended to read:
813.122 (5m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be returned to the respondent until a judge or circuit court commissioner determines all of the following:
61,285
Section
285. 813.122 (5m) (b) 2. of the statutes is amended to read:
813.122 (5m) (b) 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or circuit court commissioner is competent to grant relief.
61,286
Section
286. 813.122 (9) (a) of the statutes is amended to read:
813.122 (9) (a) If an order is issued under this section, upon request by the petitioner, the court or circuit court commissioner, as applicable, shall order the sheriff to assist in executing or serving the temporary restraining order or injunction.
61,287
Section
287. 813.123 (3) (a) of the statutes is amended to read:
813.123 (3) (a) Procedure for an action under this section is in 2 parts. First, if the petitioner requests a temporary restraining order, the court or circuit court commissioner shall issue or refuse to issue that order. Second, the court shall hold a hearing under sub. (5) on whether to issue an injunction, which is the final relief. If the court or circuit court commissioner issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court or circuit court commissioner does not issue a temporary restraining order, the date for the hearing shall be set upon motion by either party.
61,288
Section
288. 813.123 (3) (b) (intro.) of the statutes is amended to read:
813.123 (3) (b) (intro.) The court or circuit court commissioner, on its or his or her own motion or the motion of any party, may order one or more of the following:
61,289
Section
289. 813.123 (4) (a) of the statutes is amended to read:
813.123 (4) (a) Unless the vulnerable adult, guardian or guardian ad litem consents in writing and the judge or circuit court commissioner agrees that the contact is in the best interests of the vulnerable adult, a judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to avoid interference with an investigation of the vulnerable adult under s. 55.043, the delivery of protective services to the vulnerable adult under s. 55.05 or a protective placement of the vulnerable adult under s. 55.06 if all of the following occur:
1. The petitioner submits to the judge or circuit court commissioner a petition alleging the elements set forth under sub. (6).
2. The judge or circuit court commissioner finds reasonable grounds to believe that the respondent has interfered with, or based on prior conduct of the respondent may interfere with, an investigation of the vulnerable adult under s. 55.043, the delivery of protective services to the vulnerable adult under s. 55.05 or a protective placement of the vulnerable adult under s. 55.06.
61,290
Section
290. 813.123 (8) (a) of the statutes is amended to read:
813.123 (8) (a) If an order is issued under this section, upon request by the petitioner, the court or circuit court commissioner shall order the sheriff to assist in executing or serving the temporary restraining order or injunction.
61,291
Section
291. 813.125 (3) (a) (intro.) of the statutes is amended to read:
813.125 (3) (a) (intro.) A judge or circuit court commissioner may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person, if all of the following occur:
61,292
Section
292. 813.125 (3) (a) 2. of the statutes is amended to read:
813.125 (3) (a) 2. The judge or circuit court commissioner finds reasonable grounds to believe that the respondent has violated s. 947.013.
61,293
Section
293. 813.125 (3) (c) of the statutes is amended to read:
813.125 (3) (c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4). A judge or circuit court commissioner shall hold a hearing on issuance of an injunction within 7 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 7 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.
61,294
Section
294. 813.125 (4) (a) (intro.) of the statutes is amended to read:
813.125 (4) (a) (intro.) A judge or circuit court commissioner may grant an injunction ordering the respondent to cease or avoid the harassment of another person, if all of the following occur:
61,295
Section
295. 813.125 (4) (a) 2. of the statutes is amended to read:
813.125 (4) (a) 2. The petitioner serves upon the respondent a copy of a restraining order obtained under sub. (3) and notice of the time for the hearing on the issuance of the injunction under sub. (3) (c). The restraining order or notice of hearing served under this subdivision shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm while the injunction is in effect.
61,296
Section
296. 813.125 (4) (a) 3. of the statutes is amended to read:
813.125 (4) (a) 3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has violated s. 947.013.
