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(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.
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(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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(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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(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.
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(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.
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(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.
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19Section
16. 813.125 (5) (a) 4. of the statutes is created to read:
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(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.
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1c. The type of provisions regarding contact between the petitioner and
2respondent.
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(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.
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(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.
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(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.
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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.