813.123(5)(a)(a) Unless the vulnerable adult, guardian or guardian ad litem consents to that contact in writing and the judge agrees that the contact is in the best interests of the vulnerable adult, a judge may grant an injunction 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:
813.123(5)(a)1.
1. The petitioner files a petition alleging the elements set forth under
sub. (6).
813.123(5)(a)2.
2. The petitioner serves upon the respondent a copy of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.
813.123(5)(a)3.
3. After hearing, the judge finds reasonable cause to believe any of the following:
813.123(5)(a)3.a.
a. That the respondent has interfered with, or based upon prior conduct of the respondent may interfere with, an investigation of the vulnerable adult under
s. 55.043 and that the interference complained of, if continued, would make it difficult to determine if abuse, neglect or misappropriation of property is occurring or may recur.
813.123(5)(a)3.b.
b. That the respondent has interfered with the delivery to the vulnerable adult of protective services under
s. 55.05 or a protective placement of the vulnerable adult under
s. 55.06 after the offer of services or placement has been made and the vulnerable adult or his or her guardian, if any, has consented to receipt of the protective services or placement.
813.123(5)(b)
(b) The injunction may be entered only against the respondent named in the petition.
813.123(5)(c)1.1. An injunction under this subsection is effective according to its terms, but for not more than 2 years.
813.123(5)(c)2.
2. When an injunction that has been in effect for less than 6 months expires, the court shall extend the injunction if the petitioner states that an extension is necessary to protect the vulnerable adult. This extension shall remain in effect until 6 months after the date on which the court first entered the injunction.
813.123(5)(c)3.
3. If the petitioner states that an extension is necessary to protect the vulnerable adult, the court may extend the injunction for not more than 2 years.
813.123(5)(c)4.
4. Notice need not be given to the respondent before extending an injunction under
subd. 2. or
3. The petitioner shall notify the respondent after the court extends an injunction under
subd. 2. or
3.
813.123(6)
(6) Petition. The petition shall allege facts sufficient to show the following:
813.123(6)(a)
(a) The name of the petitioner and the vulnerable adult.
813.123(6)(b)
(b) The name of the respondent and that the respondent is an adult.
813.123(6)(c)
(c) That the respondent 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.
813.123(7)
(7) Interference order. Any order under this section directing a person to avoid interference with an investigation of a vulnerable adult under
s. 55.043, the delivery of protective services to a vulnerable adult under
s. 55.05 or a protective placement of a vulnerable adult under
s. 55.06 prohibits the person from intentionally preventing a representative or employe of the county protective services agency from meeting, communicating or being in visual or audio contact with the vulnerable adult, except as provided in the order.
813.123(8)(a)(a) If an order is issued under this section, upon request by the petitioner, the court or court commissioner shall order the sheriff to assist in executing or serving the temporary restraining order or injunction.
813.123(8)(b)
(b) Within one business day after an order or injunction is issued, extended, modified or vacated under this section, the clerk of circuit court shall send a copy of the order or injunction, or of the order extending, modifying or vacating an order or injunction, to the sheriff or to any other local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the vulnerable adult's premises.
813.123(8)(c)
(c) The sheriff or other appropriate local law enforcement agency under
par. (b) shall enter the information received under
par. (b) concerning an order or injunction issued, extended, modified or vacated under this section into the transaction information for management of enforcement system no later than 24 hours after receiving the information and shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.
813.123(9)
(9) Arrest. A law enforcement officer may arrest and take a person into custody if all of the following occur:
813.123(9)(a)
(a) A petitioner presents the law enforcement officer with a copy of an order issued under
sub. (4) or an injunction issued under
sub. (5), or the law enforcement officer determines that such an order exists through communication with appropriate authorities.
813.123(9)(b)
(b) The law enforcement officer has probable cause to believe that the person has violated the order issued under
sub. (4) or the injunction issued under
sub. (5).
813.123(10)
(10) Penalty. Whoever intentionally violates a temporary restraining order or injunction issued under this section shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
813.123(11)
(11) Applicability. This section does not apply to vulnerable adults who are patients or residents of state-operated or county-operated inpatient institutions unless the alleged interference with an investigation of the vulnerable adult under
s. 55.043 or with the delivery to the vulnerable adult of protective services under
s. 55.05 or a protective placement of the vulnerable adult under
s. 55.06 is alleged to have been done by a person other than an employe of the inpatient institution.
813.123(12)
(12) Notice of full faith and credit. An order or injunction issued under
sub. (4) or
(5) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.
813.123 History
History: 1993 a. 445;
1995 a. 71,
306.
813.125
813.125
Harassment restraining orders and injunctions. 813.125(1)(1)
Definition. In this section, "harassment" means any of the following:
813.125(1)(a)
(a) Striking, shoving, kicking or otherwise subjecting another person to physical contact or attempting or threatening to do the same.
813.125(1)(b)
(b) Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose.
813.125(2)
(2) Commencement of action. An action under this section may be commenced by filing a petition described under
sub. (5) (a). No action under this section may be commenced by service of summons.
Section 813.06 does not apply to an action under this section.
813.125(3)(a)(a) A judge or 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:
813.125(3)(a)2.
2. The judge or court commissioner finds reasonable grounds to believe that the respondent has violated
s. 947.013.
813.125(3)(b)
(b) Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered only against the respondent named in the petition.
813.125(3)(c)
(c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under
sub. (4). A judge or 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.
813.125(4)(a)(a) A judge or court commissioner may grant an injunction ordering the respondent to cease or avoid the harassment of another person, if all of the following occur:
813.125(4)(a)2.
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 court commissioner issues an injunction, the judge or court commissioner may also order the respondent not to possess a firearm while the injunction is in effect.
813.125(4)(a)3.
3. After hearing, the judge or court commissioner finds reasonable grounds to believe that the respondent has violated
s. 947.013.
813.125(4)(b)
(b) The injunction may be entered only against the respondent named in the petition.
813.125(4)(c)
(c) An injunction under this subsection is effective according to its terms, but for not more than 2 years.
813.125(4m)
(4m) Restriction on firearm possession; surrender of firearms. 813.125(4m)(a)(a) If a judge or court commissioner issues an injunction under
sub. (4) and the judge or 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 court commissioner may prohibit the respondent from possessing a firearm.
813.125(4m)(b)
(b) An order prohibiting a respondent from possessing a firearm issued under
par. (a) remains in effect until the expiration of the injunction issued under
sub. (4).
813.125(4m)(c)
(c) An order issued under
par. (a) that prohibits a respondent from possessing a firearm shall do all of the following:
813.125(4m)(c)1.
1. Inform the respondent named in the petition of the requirements and penalties under
s. 941.29.
813.125(4m)(c)2.
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 court commissioner. The judge or court commissioner shall approve the person designated by the respondent unless the judge or 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 court commissioner, the judge or court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under
s. 941.29 (4).
813.125(4m)(cg)
(cg) If the respondent is a peace officer, an order issued under
par. (a) may not require the respondent to surrender a firearm that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.
813.125(4m)(cm)1.1. When a respondent surrenders a firearm under
par. (c) 2. to a sheriff, the sheriff who is receiving the firearm shall prepare a receipt for each firearm surrendered to him or her. The receipt shall include the manufacturer, model and serial number of the firearm surrendered to the sheriff and shall be signed by the respondent and by the sheriff to whom the firearm is surrendered.
813.125(4m)(cm)2.
2. The sheriff shall keep the original of a receipt prepared under
subd. 1. and shall provide an exact copy of the receipt to the respondent. When the firearm covered by the receipt is returned to the respondent under
par. (d), the sheriff shall surrender to the respondent the original receipt and all of his or her copies of the receipt.
813.125(4m)(cm)3.
3. A receipt prepared under
subd. 1. is conclusive proof that the respondent owns the firearm for purposes of returning the firearm covered by the receipt to the respondent under
par. (d).
813.125(4m)(cm)4.
4. The sheriff may not enter any information contained on a receipt prepared under
subd. 1. into any computerized or direct electronic data transfer system in order to store the information or disseminate or provide access to the information.
813.125(4m)(cw)
(cw) A sheriff may store a firearm surrendered to him or her under
par. (c) 2. in a warehouse that is operated by a public warehouse keeper licensed under
ch. 99. If a sheriff stores a firearm at a warehouse under this paragraph, the respondent shall pay the costs charged by the warehouse for storing that firearm.
813.125(4m)(d)
(d) A firearm surrendered under
par. (c) 2. may not be returned to the respondent until a judge or court commissioner determines all of the following:
813.125(4m)(d)2.
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 court commissioner is competent to grant relief.
813.125(4m)(e)
(e) If a respondent surrenders a firearm under
par. (c) 2. that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under
s. 941.29 (4).
813.125(5)(a)(a) The petition shall allege facts sufficient to show the following:
813.125(5)(am)
(am) The petition shall inform the respondent that, if the judge or court commissioner issues an injunction, the judge or court commissioner may also order the respondent not to possess a firearm while the injunction is in effect.
813.125(5)(b)
(b) The clerk of circuit court shall provide simplified forms.
813.125(5g)(a)(a) Within one business day after an order or injunction is issued, extended, modified or vacated under this section, the clerk of the circuit court shall send a copy of the order or injunction, or of the order extending, modifying or vacating an order or injunction, to the sheriff or to any local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner's premises.
813.125(5g)(b)
(b) The sheriff or other appropriate local law enforcement agency under
par. (a) shall enter the information received under
par. (a) concerning an order or injunction issued, extended, modified or vacated under this section into the transaction information for management of enforcement system no later than 24 hours after receiving the information and shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.
813.125(5m)
(5m) Confidentiality of victim's address. The petition under
sub. (5) and the court order under
sub. (3) or
(4) shall not disclose the address of the alleged victim.
813.125(5r)(a)(a) If an order prohibiting a respondent from possessing a firearm is issued under
sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under
s. 175.35 (2g) (c).
813.125(5r)(b)
(b) Except as provided in
par. (c), the department of justice may disclose information that it receives under
par. (a) only as part of a firearms restrictions record search under
s. 175.35 (2g) (c).
813.125(5r)(c)
(c) The department of justice shall disclose any information that it receives under
par. (a) to a law enforcement agency when the information is needed for law enforcement purposes.
813.125(6)
(6) Arrest. A law enforcement officer shall arrest and take a person into custody if all of the following occur:
813.125(6)(a)
(a) A person named in a petition under
sub. (5) presents the law enforcement officer with a copy of a court order issued under
sub. (3) or
(4), or the law enforcement officer determines that such an order exists through communication with appropriate authorities.
813.125(6)(b)
(b) The law enforcement officer has probable cause to believe that the person has violated the court order issued under
sub. (3) or
(4).
813.125(7)
(7) Penalty. Whoever violates a temporary restraining order or injunction issued under this section shall be fined not more than $1,000 or imprisoned not more than 90 days or both.
813.125(8)
(8) Notice of full faith and credit. An order or injunction issued under
sub. (3) or
(4) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.
813.125 Annotation
This section is constitutional. Bachowski v. Salamone, 139 W (2d) 397, 407 NW (2d) 533 (1987).
813.125 Annotation
Person convicted of violating harassment injunction may not collaterally attack validity of injunction in criminal prosecution to enforce injunction. State v. Bouzel, 168 W (2d) 642, 484 NW (2d) 362 (Ct. App. 1992).
813.125 Annotation
A hearing on issuing an injunction initially held within 7 days of the issuance of the temporary restraining order then continued for seven months at the defendant's request did not result in the court losing competency to proceed. In re Paternity of C.A.S. & C.D.S. 185 W (2d) 468, 518 NW (2d) 285 (Ct. App. 1994).
813.125 Annotation
Proof of intent discussed. In re Paternity of C.A.S. & C.D.S. 185 W (2d) 468, 518 NW (2d) 285 (Ct. App. 1994).
813.127
813.127
Combined actions; domestic abuse, child abuse and harassment. A petitioner may combine in one action 2 or more petitions under one or more of the provisions in
ss. 813.12,
813.122 and
813.125 if the respondent is the same person in each petition. In any such action, there is only one fee applicable under
s. 814.61 (1) (a). In any such action, the hearings for different types of temporary restraining orders or injunctions may be combined.
