LRB-2719/1
CMH&MJL:kjf:cph
2003 - 2004 LEGISLATURE
August 14, 2003 - Introduced by Representatives Pettis, Hahn, Albers, Van Roy,
Coggs, Hundertmark, F. Lasee, Kreibich and Bies, cosponsored by Senator
Lassa. Referred to Committee on Children and Families.
AB474,1,6
1An Act to renumber 813.12 (7) (intro.), 813.12 (7) (a), 813.12 (7) (b), 813.122 (10)
2(intro.), 813.122 (10) (a), 813.122 (10) (b), 813.123 (9) (intro.), 813.123 (9) (a),
3813.123 (9) (b), 813.125 (6) (intro.), 813.125 (6) (a) and 813.125 (6) (b);
to amend
4813.12 (7) (c); and
to create 813.122 (10) (c), 813.123 (9) (c) and 813.125 (6) (c)
5of the statutes;
relating to: notice for child abuse, vulnerable adult, and
6harassment injunctions.
Analysis by the Legislative Reference Bureau
Current law allows a court to impose four types of restraining orders: domestic
abuse, child abuse, vulnerable adult, and harassment. For each petition for an order,
the court first holds a hearing to determine whether to issue a temporary restraining
order and later holds a hearing to determine whether to issue an injunction.
Temporary restraining orders are effective until the court holds the injunctive
hearing. At the hearing, if the court issues a child abuse, vulnerable adult, or
harassment injunction, the injunction is effective once the subject of the injunction
is served with the injunction. If the court issues a domestic abuse injunction,
however, it is effective as soon as the court issues it as long as the subject was served
with the petition and the notice of the time for the injunctive hearing.
This bill makes a child abuse injunction, vulnerable adult injunction, or
harassment injunction effective as soon as the court issues it as long as the subject
was served with the petition and notice of the time for the injunctive hearing.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB474, s. 1
1Section
1. 813.12 (7) (intro.) of the statutes is renumbered 813.12 (7) (am)
2(intro.).
AB474, s. 2
3Section
2. 813.12 (7) (a) of the statutes is renumbered 813.12 (7) (am) 1.
AB474, s. 3
4Section
3. 813.12 (7) (b) of the statutes is renumbered 813.12 (7) (am) 2.
AB474, s. 4
5Section
4. 813.12 (7) (c) of the statutes is amended to read:
AB474,2,116
813.12
(7) (c) A respondent who does not appear at a hearing at which the court
7orders an injunction under
s. 813.12 sub. (4) but who has been served with a copy of
8the petition and notice of the time for hearing under
s. 813.12 (3) sub. (4) (a) 2. has
9constructive knowledge of the existence of the injunction and shall be arrested for
10violation of the injunction regardless of whether he or she has been served with a
11copy of the injunction.
AB474, s. 5
12Section
5. 813.122 (10) (intro.) of the statutes is renumbered 813.122 (10) (am)
13(intro.).
AB474, s. 6
14Section
6. 813.122 (10) (a) of the statutes is renumbered 813.122 (10) (am) 1.
AB474, s. 7
15Section
7. 813.122 (10) (b) of the statutes is renumbered 813.122 (10) (am) 2.
AB474, s. 8
16Section
8. 813.122 (10) (c) of the statutes is created to read:
AB474,3,217
813.122
(10) (c) A respondent who does not appear at a hearing at which the
18court orders an injunction under sub. (5) but who has been served with a copy of the
19petition and notice of the time for hearing under sub. (5) (a) 2. has constructive
20knowledge of the existence of the injunction and shall be arrested for violation of the
1injunction regardless of whether he or she has been served with a copy of the
2injunction.
AB474, s. 9
3Section
9. 813.123 (9) (intro.) of the statutes is renumbered 813.123 (9) (am)
4(intro.).
AB474, s. 10
5Section
10. 813.123 (9) (a) of the statutes is renumbered 813.123 (9) (am) 1.
AB474, s. 11
6Section
11. 813.123 (9) (b) of the statutes is renumbered 813.123 (9) (am) 2.
AB474, s. 12
7Section
12. 813.123 (9) (c) of the statutes is created to read:
AB474,3,138
813.123
(9) (c) A respondent who does not appear at a hearing at which the
9court orders an injunction under sub. (5) but who has been served with a copy of the
10petition and notice of the time for hearing under sub. (5) (a) 2. has constructive
11knowledge of the existence of the injunction and may be arrested for violation of the
12injunction regardless of whether he or she has been served with a copy of the
13injunction.
AB474, s. 13
14Section
13. 813.125 (6) (intro.) of the statutes is renumbered 813.125 (6) (am)
15(intro.).
AB474, s. 14
16Section
14. 813.125 (6) (a) of the statutes is renumbered 813.125 (6) (am) 1.
AB474, s. 15
17Section
15. 813.125 (6) (b) of the statutes is renumbered 813.125 (6) (am) 2.
AB474, s. 16
18Section
16. 813.125 (6) (c) of the statutes is created to read:
AB474,3,2419
813.125
(6) (c) A respondent who does not appear at a hearing at which the
20court orders an injunction under sub. (4) but who has been served with a copy of the
21petition and notice of the time for hearing under sub. (4) (a) 2. has constructive
22knowledge of the existence of the injunction and shall be arrested for violation of the
23injunction regardless of whether he or she has been served with a copy of the
24injunction.
AB474,4,3
1(1) The treatment of sections 813.122 (10) (c), 813.123 (9) (c), and 813.125 (6)
2(c) of the statutes first applies to actions commenced on the effective date of this
3subsection.
