813.123(4)(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.
813.123(4)(c)
(c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under
sub. (5). A judge 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.
813.123(5)(a)(a) Unless the individual at risk, guardian, or guardian ad litem consents in writing to a contact and the judge agrees that the contact is in the best interests of the individual at risk, a judge may grant an injunction ordering the respondent, as specified in
par. (ar), if all of the following occur:
Effective date text
(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 or the delivery of protective services to or a protective placement of the vulnerable adult under ch. 55 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 elder adult at risk under
s. 46.90 or the adult at risk under
s. 55.043 and that the interference complained of, if continued, would make it difficult to determine if abuse, financial exploitation, neglect, harassment, or stalking of an individual at risk or mistreatment of an animal is occurring or may recur.
813.123(5)(a)3.b.
b. That the respondent has interfered with the delivery [to the] individual at risk of protective services [[to]] or a protective placement of the individual at risk under
ch. 55 after the offer of protective services or protective placement has been made and the individual at risk or his or her guardian, if any, has consented to receipt of the protective services or protective placement; or that the respondent has interfered with the delivery of services to an elder adult at risk under
s. 46.90 (5m).
813.123 Note
NOTE: Subd. 3. b. is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was deleted by
2005 Wis. Act 264 but is required to complete the phrase intended by the insertion of "individual at risk" by
2005 Wis. Act 388. The double bracketed language was inserted by
2005 Wis. Act 264 but rendered surplusage. Corrective legislation is pending.
813.123(5)(a)3.c.
c. That the respondent has engaged in or threatened to engage in the abuse, financial exploitation, neglect, harassment, or stalking of an individual at risk or the mistreatment of an animal.
813.123(5)(ar)
(ar) An injunction granted under
par. (a) shall order the respondent to do one or more of the following:
813.123(5)(ar)1.
1. Avoid interference with an investigation of the elder adult at risk under
s. 46.90 or the adult at risk under
s. 55.043, the delivery of protective services to the individual at risk under
s. 55.05 or a protective placement of the individual at risk under
s. 55.06, or the delivery of services to the elder adult at risk under
s. 46.90 (5m).
813.123(5)(ar)2.
2. Cease engaging in or threatening to engage in the abuse, financial exploitation, neglect, harassment, or stalking of an individual at risk or the mistreatment of an animal.
813.123(5)(ar)3.
3. Avoid the residence of the individual at risk or any other location temporarily occupied by the individual at risk, or both.
813.123(5)(ar)4.
4. Avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the individual at risk.
813.123(5)(ar)5.
5. Any other appropriate remedy not inconsistent with the remedies requested in the petition.
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 4 years.
813.123 Note
NOTE: The bracketed comma was deleted by
2005 Wis. Act 388 without being shown as stricken. No change was intended. Corrective legislation is pending.
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 individual at risk. 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 individual at risk, 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 individual at risk.
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 elder adult at risk under
s. 46.90 (5), an investigation of the adult at risk under
s. 55.043 or the delivery of protective services to [the] individual at risk, a protective placement of the individual at risk under
ch. 55, or the delivery of services to the elder adult at risk under
s. 46.90 (5m); or that the respondent engaged in, or threatened to engage in, the abuse, financial exploitation, neglect, stalking, or harassment of an individual at risk or mistreatment of an animal.
813.123 Note
NOTE: Par. (c) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed "the" was deleted by
2005 Wis. Act 264 but must be reinserted for correct grammar. Corrective legislation is pending.
813.123(7)
(7) Interference order. Any order under [or
ch. 55]
sub. (4) (ar) 1. or
2. or
(5) (ar) 1. or
2. also shall prohibit the respondent from intentionally preventing a representative or employee of the county protective services agency from meeting, communicating, or being in visual or audio contact with the adult at risk, except as provided in the order.
813.123 Note
NOTE: Sub. (7) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed material was inserted
2005 Wis. Act 264 but rendered surplusage by
2005 Wis. Act 388. Corrective legislation is pending.
813.123(8)(a)(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.
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 shall 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(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.
813.125
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; engaging in an act that would constitute abuse under
s. 48.02 (1), sexual assault under
s. 940.225, or stalking under
s. 940.32; 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 circuit court commissioner may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in
par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:
813.125(3)(a)2.
2. The judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or intimidate the petitioner.
813.125(3)(am)
(am) If the petitioner and the respondent are not married, and 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 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.
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 circuit court commissioner shall hold a hearing on issuance of an injunction within 14 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.
813.125(4)(a)(a) A judge or circuit court commissioner may grant an injunction ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in
par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, 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 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.
813.125(4)(a)3.
3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or intimidate the petitioner.
813.125(4)(am)
(am) If the petitioner and the respondent are not married, and 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 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.
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 4 years.
813.125(4m)
(4m) Restriction on firearm possession; surrender of firearms. 813.125(4m)(a)(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.
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 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).
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 circuit 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 circuit 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)(a)3.
3. That the respondent has engaged in harassment with intent to harass or intimidate the petitioner.
813.125(5)(am)
(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.
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.
