SB464-SSA1, s. 2
16Section
2. 813.12 (5) (a) 4. of the statutes is created to read:
SB464-SSA1,2,2017
813.12
(5) (a) 4. If the petitioner knows of any other court proceeding in which
18the petitioner is a person affected by a court order or judgment that includes
19provisions regarding contact with the respondent, any of the following that are
20known by the petitioner:
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a. The name or type of the court proceeding.
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b. The date of the court proceeding.
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c. The types of provisions regarding contact between the petitioner and
24respondent.
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1813.12
(5g) Stipulation. If the parties enter into a stipulation to convert a
2petition under this section to a petition for a temporary restraining order or
3injunction under s. 813.125, the court may not approve that stipulation unless all of
4the following occur:
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(a) Either or both parties submit an oral request on the record for the
6conversion explaining why the conversion of the petition is requested.
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(b) The court addresses the petitioner personally and determines that the
8petitioner entered into the stipulation voluntarily and with an understanding of the
9differences between the orders issued under subs. (4) and (4m) and s. 813.125 (4) and
10(4m).
SB464-SSA1,3,1612
813.12
(5m) Confidentiality of victim's address. The petition under sub. (5)
13and the court order under sub. (3) or (4)
shall may not disclose the address of the
14alleged victim.
The petitioner shall provide the clerk of circuit court with the
15petitioner's address when he or she files a petition under this section. The clerk shall
16maintain the petitioner's address in a confidential manner.
SB464-SSA1,4,418
813.122
(2) Commencement of action and response. No action under this
19section may be commenced by complaint and summons. An action under this section
20may be commenced only by a petition described under sub. (6) (a). The action
21commences with service of the petition upon the respondent if a copy of the petition
22is filed before service or promptly after service.
The Notwithstanding s. 803.01 (3)
23(a), the child victim or a parent, stepparent or legal guardian of the child victim may
24be a petitioner under this section. Section 813.06 does not apply to an action under
25this section. The respondent may respond to the petition either in writing before or
1at the hearing on the issuance of the injunction or orally at that hearing.
The court
2shall inform the petitioner in writing that, if the petitioner chooses to have the
3documents in the action served by the sheriff, the petitioner should contact the
4sheriff to verify the proof of service of the petition.
SB464-SSA1, s. 6
5Section
6. 813.122 (6) (a) 5. of the statutes is created to read:
SB464-SSA1,4,96
813.122
(6) (a) 5. If the petitioner knows of any other court proceeding in which
7the petitioner is a person affected by a court order or judgment that includes
8provisions regarding contact with the respondent, any of the following that are
9known by the petitioner:
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a. The name or type of the court proceeding.
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b. The date of the court proceeding.
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c. The types of provisions regarding contact between the petitioner and
13respondent.
SB464-SSA1, s. 7
14Section
7. 813.123 (2) (a) of the statutes is amended to read:
SB464-SSA1,5,215
813.123
(2) (a) No action under this section may be commenced by complaint
16and summons. An action under this section may be commenced only by a petition
17described under sub. (6). The action commences with service of the petition upon the
18respondent if a copy of the petition is filed before service or promptly after service.
19The individual at risk, any person acting on behalf of an individual at risk, an
20elder-adult-at-risk agency, or an adult-at-risk agency may be a petitioner under
21this section. If the petition is filed by a person other than the individual at risk, the
22petitioner shall serve a copy of the petition on the individual at risk. Section 813.06
23does not apply to an action under this section. The respondent may respond to the
24petition either in writing before or at the hearing on the issuance of the injunction
25or orally at that hearing.
The court shall inform the petitioner in writing that, if the
1petitioner chooses to have the documents in the action served by the sheriff, the
2petitioner should contact the sheriff to verify the proof of service of the petition.
SB464-SSA1, s. 8
3Section
8. 813.123 (6) (d) of the statutes is created to read:
SB464-SSA1,5,74
813.123
(6) (d) If the petitioner knows of any other court proceeding in which
5the petitioner is a person affected by a court order or judgment that includes
6provisions regarding contact with the respondent, any of the following that are
7known by the petitioner:
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1. The name or type of the court proceeding.
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2. The date of the court proceeding.
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3. The type of provisions regarding contact between the petitioner and
11respondent.
SB464-SSA1, s. 9
12Section
9. 813.125 (2) of the statutes is renumbered 813.125 (2) (a) and
13amended to read:
SB464-SSA1,6,814
813.125
(2) (a) An action under this section may be commenced by filing a
15petition described under sub. (5) (a). No action under this section may be commenced
16by service of summons.
The action commences with service of the petition upon the
17respondent if a copy of the petition is filed before service or promptly after service.
18If the judge or a circuit court commissioner extends the time for a hearing under sub.
19(3) (c) and the petitioner files an affidavit with the court stating that personal service
20by the sheriff or a private server under s. 801.11 (1) (a) or (b) was unsuccessful
21because the respondent is avoiding service by concealment or otherwise, the judge
22or circuit court commissioner shall inform the petitioner that he or she may serve the
23respondent by publication of a summary of the petition as a class 1 notice, under ch.
24985, and by mailing or sending a facsimile if the respondent's post-office address or
25facsimile number is known or can with due diligence be ascertained. The mailing or
1sending of a facsimile may be omitted if the post-office address or facsimile number
2cannot be ascertained with due diligence. A summary of the petition published as
3a class 1 notice shall include the name of the respondent and of the petitioner, notice
4of the temporary restraining order, and notice of the date, time, and place of the
5hearing regarding the injunction. The court shall inform the petitioner in writing
6that, if the petitioner chooses to have the documents in the action served by the
7sheriff, the petitioner should contact the sheriff to verify the proof of service of the
8petition. Section 813.06 does not apply to an action under this section.
SB464-SSA1,6,1210
813.125
(2) (b) Notwithstanding s. 803.01 (3) (a), a child, as defined in s.
11813.122 (1) (b), or a parent, stepparent, or legal guardian of a child may be a
12petitioner under this section.
SB464-SSA1,6,1714
813.125
(2g) Appointment of guardian ad litem. The court or circuit court
15commissioner, on its or his or her own motion, or on the motion of any party, may
16appoint a guardian ad litem for a child who is the petitioner under this section when
17justice so requires.
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813.125
(2m) Two-part procedure. If the fee under s. 814.61 (1) for filing a
20petition under this section is waived under s. 814.61 (1) (e), the procedure for an
21action under this section is in 2 parts. First, if the petitioner requests a temporary
22restraining order the court shall issue or refuse to issue that order. Second, the court
23shall hold a hearing under sub. (4) on whether to issue an injunction, which is the
24final relief. If the court issues a temporary restraining order, the order shall set forth
1the date for the hearing on an injunction. If the court does not issue a temporary
2restraining order, the date for the hearing shall be set upon motion by either party.
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813.125
(3) (d) The judge or circuit court commissioner shall advise the
5petitioner of the right to serve the respondent the petition by published notice if with
6due diligence the respondent cannot be served as provided under s. 801.11 (1) (a) or
7(b). The clerk of circuit court shall assist the petitioner with the preparation of the
8notice and filing of the affidavit of printing.
SB464-SSA1,7,1310
813.125
(3) (e) The judge or circuit court commissioner may not dismiss or deny
11granting a temporary restraining order because of the existence of a pending action
12or of any other court order that bars contact between the parties, nor due to the
13necessity of verifying the terms of an existing court order.
SB464-SSA1,7,1815
813.125
(4) (aj) The judge or circuit court commissioner may not dismiss or
16deny granting an injunction because of the existence of a pending action or of any
17other court order that bars contact between the parties, nor due to the necessity of
18verifying the terms of an existing court order.
SB464-SSA1, s. 16
19Section
16. 813.125 (5) (a) 4. of the statutes is created to read:
SB464-SSA1,7,2320
813.125
(5) (a) 4. If the petitioner knows of any other court proceeding in which
21the petitioner is a person affected by a court order or judgment that includes
22provisions regarding contact with the respondent, any of the following that are
23known by the petitioner:
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a. The name or type of the court proceeding.
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b. The date of the court proceeding.
SB464-SSA1,8,2
1c. The type of provisions regarding contact between the petitioner and
2respondent.
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813.125
(5g) (c) If an order is issued under this section, upon request by the
5petitioner the court or circuit court commissioner shall order the sheriff to
6accompany the petitioner and assist in placing him or her in physical possession of
7his or her residence or to otherwise assist in executing or serving the temporary
8restraining order or injunction. The petitioner may, at the petitioner's expense, use
9a private process server to serve papers on the respondent.
SB464-SSA1,8,1311
813.125
(5g) (d) The issuance of an order or injunction under sub. (3) or (4) is
12enforceable despite the existence of any other criminal or civil order restricting or
13prohibiting contact.
SB464-SSA1,8,1915
813.125
(5m) Confidentiality of victim's address. The petition under sub. (5)
16and the court order under sub. (3) or (4)
shall may not disclose the address of the
17alleged victim.
The petitioner shall provide the clerk of circuit court with the
18petitioner's address when he or she files a petition under this section. The clerk shall
19maintain the petitioner's address in a confidential manner.
SB464-SSA1,9,3
21813.126 New hearing. If a party seeks to have the judge conduct a hearing
22de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court
23commissioner in an action under s. 813.12, 813.122, 813.123, or 813.125, including
24a denial of a request for a temporary restraining order, the motion requesting the
25hearing must be filed with the court within 15 days after the circuit court
1commissioner issued the determination, order, or ruling. The court shall hold the de
2novo hearing within 30 days after the motion requesting the hearing is filed with the
3court unless the court finds good cause for an extension.
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(1) This act first applies to petitions filed with the circuit court on the effective
6date of this subsection.
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(1)
This act takes effect on the first day of the 4th month beginning after
9publication.