AB354: Bill Text

AB354,97,9 813.12 (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.

AB354, s. 266 Section 266. 813.12 (3) (d) of the statutes is amended to read:

AB354,97,15 813.12 (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.

AB354, s. 267 Section 267. 813.12 (4) (a) (intro.) of the statutes is amended to read:

AB354,97,23 813.12 (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:

AB354, s. 268 Section 268. 813.12 (4) (a) 3. of the statutes is amended to read:

AB354,98,9 813.12 (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.

AB354, s. 269 Section 269. 813.12 (4) (am) of the statutes is amended to read:

AB354,98,17 813.12 (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.

AB354, s. 270 Section 270. 813.12 (4) (b) of the statutes is amended to read:

AB354,98,24 813.12 (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.

AB354, s. 271 Section 271. 813.12 (4m) (a) 2. of the statutes is amended to read:

AB354,99,12 813.12 (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).

AB354, s. 272 Section 272. 813.12 (4m) (b) (intro.) of the statutes is amended to read:

AB354,99,16 813.12 (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:

AB354, s. 273 Section 273. 813.12 (4m) (b) 2. of the statutes is amended to read:

AB354,99,21 813.12 (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.

AB354, s. 274 Section 274. 813.12 (5) (c) of the statutes is amended to read:

AB354,99,24 813.12 (5) (c) A judge or family circuit court commissioner shall accept any legible petition for a temporary restraining order or injunction.

AB354, s. 275 Section 275. 813.12 (6) (a) of the statutes is amended to read:

AB354,100,6 813.12 (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.

AB354, s. 276 Section 276. 813.12 (7m) of the statutes is amended to read:

AB354,100,10 813.12 (7m) Transcripts. The judge or family circuit court commissioner shall record the temporary restraining order or injunction hearing upon the request of the petitioner.

AB354, s. 277 Section 277. 813.122 (3) (a) of the statutes is amended to read:

AB354,100,19 813.122 (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.

AB354, s. 278 Section 278. 813.122 (3) (b) (intro.) of the statutes is amended to read:

AB354,100,22 813.122 (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:

AB354, s. 279 Section 279. 813.122 (3) (bm) of the statutes is amended to read:

AB354,100,25 813.122 (3) (bm) The court or circuit court commissioner shall appoint a guardian ad litem if the respondent is a parent of the child.

AB354, s. 280 Section 280. 813.122 (4) (a) (intro.) of the statutes is amended to read:

AB354,101,8 813.122 (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:

AB354, s. 281 Section 281. 813.122 (4) (a) 1. of the statutes is amended to read:

AB354,101,11 813.122 (4) (a) 1. The petitioner submits to the judge or circuit court commissioner a petition alleging the elements set forth under sub. (6) (a).

AB354, s. 282 Section 282. 813.122 (4) (a) 2. of the statutes is amended to read:

AB354,101,15 813.122 (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.

AB354, s. 283 Section 283. 813.122 (5m) (a) 2. of the statutes is amended to read:

AB354,102,3 813.122 (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).

AB354, s. 284 Section 284. 813.122 (5m) (b) (intro.) of the statutes is amended to read:

AB354,102,7 813.122 (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:

AB354, s. 285 Section 285. 813.122 (5m) (b) 2. of the statutes is amended to read:

AB354,102,12 813.122 (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.

AB354, s. 286 Section 286. 813.122 (9) (a) of the statutes is amended to read:

AB354,102,17 813.122 (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.

AB354, s. 287 Section 287. 813.123 (3) (a) of the statutes is amended to read:

AB354,103,2 813.123 (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.

AB354, s. 288 Section 288. 813.123 (3) (b) (intro.) of the statutes is amended to read:

AB354,103,5 813.123 (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:

AB354, s. 289 Section 289. 813.123 (4) (a) of the statutes is amended to read:

AB354,103,13 813.123 (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:

AB354,103,15 1. The petitioner submits to the judge or circuit court commissioner a petition alleging the elements set forth under sub. (6).

AB354,103,20 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.

AB354, s. 290 Section 290. 813.123 (8) (a) of the statutes is amended to read:

AB354,103,24 813.123 (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.

AB354, s. 291 Section 291. 813.125 (3) (a) (intro.) of the statutes is amended to read:

AB354,104,3 813.125 (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:

AB354, s. 292 Section 292. 813.125 (3) (a) 2. of the statutes is amended to read:

AB354,104,6 813.125 (3) (a) 2. The judge or circuit court commissioner finds reasonable grounds to believe that the respondent has violated s. 947.013.

AB354, s. 293 Section 293. 813.125 (3) (c) of the statutes is amended to read:

AB354,104,14 813.125 (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.

AB354, s. 294 Section 294. 813.125 (4) (a) (intro.) of the statutes is amended to read:

AB354,104,18 813.125 (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:

AB354, s. 295 Section 295. 813.125 (4) (a) 2. of the statutes is amended to read:

AB354,105,2 813.125 (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.

AB354, s. 296 Section 296. 813.125 (4) (a) 3. of the statutes is amended to read:

AB354,105,5 813.125 (4) (a) 3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has violated s. 947.013.

AB354, s. 297 Section 297. 813.125 (4m) (a) of the statutes is amended to read:

AB354,105,12 813.125 (4m) (a) If a judge or circuit court commissioner issues an injunction under sub. (4) and the judge or circuit court commissioner determines, based on clear and convincing evidence presented at the hearing on the issuance of the injunction, that the respondent may use a firearm to cause physical harm to another or to endanger public safety, the judge or circuit court commissioner may prohibit the respondent from possessing a firearm.

AB354, s. 298 Section 298. 813.125 (4m) (c) 2. of the statutes is amended to read:

AB354,105,25 813.125 (4m) (c) 2. Except as provided in par. (cg), 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).

AB354, s. 299 Section 299. 813.125 (4m) (d) (intro.) of the statutes is amended to read:

AB354,106,4 813.125 (4m) (d) (intro.) A firearm surrendered under par. (c) 2. may not be returned to the respondent until a judge or circuit court commissioner determines all of the following:

AB354, s. 300 Section 300. 813.125 (4m) (d) 2. of the statutes is amended to read:

AB354,106,9 813.125 (4m) (d) 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.

AB354, s. 301 Section 301. 813.125 (5) (am) of the statutes is amended to read:

AB354,106,14 813.125 (5) (am) The petition 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.

AB354, s. 302 Section 302. 814.615 (3) of the statutes is amended to read:

AB354,106,19 814.615 (3) The court or family a circuit court commissioner shall direct either or both parties to pay any applicable fee under this section. If either or both parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees.

AB354, s. 303 Section 303. 814.68 (title) of the statutes is amended to read:

AB354,106,21 814.68 (title) Fees of supplemental court commissioners.

AB354, s. 304 Section 304. 814.68 (1) (intro.) of the statutes is amended to read:

AB354,106,25 814.68 (1) Part-time Supplemental court commissioners. (intro.) A part-time supplemental court commissioner appointed under s. 757.68 (2) 757.675 (1) shall collect the following fees:

AB354, s. 305 Section 305. 814.68 (1) (a) of the statutes is amended to read:

AB354,107,5 814.68 (1) (a) A fee of $1 for each decision, signing or filing of a document or other ministerial act required by law performed by a part-time supplemental court commissioner. This paragraph does not apply to testimonial proceedings or depositions taken before a supplemental court commissioner.

AB354, s. 306 Section 306. 814.68 (1) (b) (intro.) of the statutes is amended to read:

AB354,107,10 814.68 (1) (b) (intro.) For the following duties performed by a part-time supplemental court commissioner held in the county courthouse or other court facilities provided by law, reasonable compensation as fixed by the court but not more than the hourly equivalent of the salary of a judge of the court:

AB354, s. 307 Section 307. 814.68 (1) (b) 1. of the statutes is amended to read:

AB354,107,14 814.68 (1) (b) 1. Every attendance upon the hearing of any motion for an order which a supplemental court commissioner is authorized to grant and for attendance upon any motion or an official act to be done by the supplemental court commissioner.

AB354, s. 308 Section 308. 814.68 (2) of the statutes is amended to read:

AB354,107,21 814.68 (2) Supplementary examinations. For attendance upon an examination under ch. 816, a supplemental court commissioner shall collect a fee of $15 to be paid upon the issuance of the order under s. 816.03 (1). The fee shall be returned in any case where it appears by affidavit filed that the order was not served upon the judgment debtor. This fee is the only fee a supplemental court commissioner is entitled to for proceedings under ch. 816.