813.125(7)
(7) Penalty. Whoever violates a temporary restraining order or injunction issued under this section shall be fined not more than $10,000 or imprisoned not more than 9 months 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
A person convicted of violating a harassment injunction may not collaterally attack the validity of the injunction in a criminal prosecution to enforce the injunction. State v. Bouzel,
168 Wis. 2d 642,
484 N.W.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 Wis. 2d 468,
518 N.W.2d 285 (Ct. App. 1994).
813.125 Annotation
A municipal corporation is a "person" that may bring an action for an injunction under this section. Village of Tigerton v. Minniecheske,
211 Wis. 2d 777,
565 N.W.2d 586 (Ct. App. 1997),
96-1933.
813.125 Annotation
Violating an injunction under this section is a crime and is not a lesser-included offense of harrassment under s. 947.013 (1r). A defendant may be convicted for violating this section and s. 947.013 without violating the prohibition against double jeopardy. Convictions for violating this section may be counted for purposes of determining whether the defendant may be sentenced as a repeat offender under s. 939.62. State v. Sveum,
2002 WI App 105,
254 Wis. 2d 868,
648 N.W.2d 496,
01-0230.
813.125 Annotation
Banishment from a particular place is not a per se violation of the right to travel. There is no exact formula for determining whether a geographic restriction is narrowly tailored. Each case must be analyzed on its own facts, circumstances, and total atmosphere to determine whether the geographic restriction is narrowly drawn. Predick v. O'Connor,
2003 WI App 46,
260 Wis. 2d 323,
660 N.W.2d 1,
02-0503.
813.125 Annotation
A violation of this section may not rest on conduct that serves a legitimate purpose, which is a determination that must of necessity be left to the fact finder, taking into account all the facts and circumstances. The legitimate purpose determination is such that the fact finder must determine if any legitimate purpose was intended at the time of the conduct. Welytok v. Ziolkowski,
2008 WI App 67,
312 Wis. 2d 435,
752 N.W.2d 359,
07-0347.
813.125 Annotation
This section can extend injunctive protection to institutions as well as natural persons. Although sub. (1) (b) describes harassment as "committing acts which harass or intimidate another person," s. 990.01 (26) defines a "person" as including "all partnerships, associations and bodies politic or corporate." Board of Regents — UW System v. Decker,
2014 WI 68, ___ Wis. 2d ___,
850 N.W.2d 112,
11-2902.
813.125 Annotation
Conduct or repetitive acts that are intended to harass or intimidate do not serve a legitimate purpose. A person cannot shield his or her harassing conduct from regulation by labeling it "protest." If the person's purpose was even in part to harass, the conduct may be enjoined. The person's constitutional right to protest can be restricted when he or she engages in harassment with the intent to harass or intimidate. Board of Regents — UW System v. Decker,
2014 WI 68, ___ Wis. 2d ___,
850 N.W.2d 112,
11-2902.
813.125 Annotation
Sub. (3) (c) explicitly says that a temporary restraining order can be extended "once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order." It is not enough that the circuit court finally held the injunction hearing within the 14-day extension period permitted by the statute. To permit the circuit court to extend the temporary restraining order twice would be to ignore the statute's plain words. Hill v. D. C.
2014 WI App 99, ___ Wis. 2d ___, ___ N.W.2d ___,
13-1844.
813.125 Annotation
Applicable law allows electronic transmission of certain confidential case information among clerks of circuit court, county sheriff's offices, and the Department of Justice through electronic interfaces involving the Department of Administration's Office of Justice Assistance, specifically including electronic data messages regarding a harassment protection order issued issued under this section in an action that the court has ordered sealed.
OAG 2-10.
813.125 Annotation
For an activity to violate an injunction issued under this section, it must be intentional and devoid of any legitimate purpose. Deputies did not have probable to arrest the subject of an injunction when they knew that the subject had entered a town hall to attend a meeting at which he a had personal interest in an agenda item prior to the persons protected by the injunction, that the persons protected by the injunction wished to attend the meeting, and that they possessed harassment injunctions commanding the subject of the injunction to avoid any premises temporarily occupied by the persons protected. Wagner v. Washington County,
493 F.3d 833 (2007).
813.126
813.126
New hearing. If a party seeks to have the judge conduct a hearing de novo under
s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under
s. 813.12,
813.122,
813.123, or
813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under
s. 813.12,
813.122,
813.123, or
813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.
813.126 History
History: 2009 a. 262;
2013 a. 322.
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.
813.127 History
History: 1985 a. 234.
813.128
813.128
Foreign protection orders. 813.128(1)
(1)
Enforcement of foreign protection orders. 813.128(1)(a)(a) A foreign protection order or modification of the foreign protection order that meets the requirements under
s. 806.247 (2) has the same effect as an order issued under
s. 813.12,
813.122,
813.123 or
813.125, except that the foreign protection order or modification shall be enforced according to its own terms.
813.128(1)(b)
(b) A law enforcement officer shall arrest and take the subject of a foreign protection order into custody if all of the following occur:
813.128(1)(b)1.
1. A person protected under a foreign protection order presents the law enforcement officer with a copy of a foreign protection order issued against the subject, or the law enforcement officer determines that a valid foreign protection order exists against the subject through communication with appropriate authorities. If a law enforcement officer examines a copy of a foreign protection order, the order, with any modification, is presumed to be valid if the order or modification appears to be valid on its face and circumstances suggest that the order and any modification are in effect.
813.128(1)(b)2.
2. The law enforcement officer has probable cause to believe that the person has violated the terms of the foreign protection order or modification of the order.
813.128(2)
(2) Penalty. A person who knowingly violates a condition of a foreign protection order or modification of a foreign protection order that is entitled to full faith and credit under
s. 806.247 shall be fined not more than $1,000 or imprisoned for not more than 9 months or both. If a foreign protection order and any modification of that order that is entitled to full faith and credit under
s. 806.247 remains current and in effect at the time that a court convicts a person for a violation of that order or modification of that order, but that order or modification has not been filed under
s. 806.247, the court shall direct the clerk of circuit court to file the order and any modification of the order.
813.128(3)
(3) Immunity. A law enforcement officer, law enforcement agency, prosecuting attorney or clerk of circuit court is immune from civil and criminal liability for his or her acts or omissions arising out of a decision related to the filing of a foreign protection order or modification or to the detention or arrest of an alleged violator of a foreign protection order or modification if the act or omission is done in a good faith effort to comply with this section and
s. 806.247.
813.128 History
History: 1995 a. 306.
813.1285
813.1285
Notice and process for firearm surrender. 813.1285(1)(am)
(am) "Injunction" means an injunction issued under
s. 813.12 (4) or
813.122 (5); an injunction issued under
s. 813.123 if the court has required the individual to surrender his or her firearms under
s. 813.123 (5m); or an injunction issued under
s. 813.125 if the court has required the individual to surrender his or her firearms under
s. 813.125 (4m). "Injunction" includes an injunction that has been stayed under this section.
813.1285(1)(b)
(b) "Petitioner" means an individual who is applying for, or for whom a court has granted, an injunction.
813.1285(1)(d)
(d) "Respondent" means the individual who is the subject of an injunction.
813.1285(1g)
(1g) Surrender and extend order. If the court issues a surrender and extend order, the court shall do all of the following:
813.1285(1g)(a)
(a) Order the respondent to surrender, within a period that is no longer than 48 hours, any firearm that he or she owns or possesses to the sheriff or, in the court's discretion, to another person.
813.1285(1g)(b)
(b) Order that the respondent may possess or transport a firearm only for the purpose of complying with
par. (a).
813.1285(1g)(c)
(c) If the court stays an injunction, order the respondent subject to a temporary restraining order during the stay of the injunction and extend the temporary restraining order for a period of 48 hours for the purpose of firearm surrender.
813.1285(1g)(d)
(d) Inform the respondent when the injunction will take effect and the penalty for possessing a firearm while the injunction is in effect.
813.1285(1g)(f)
(f) If appropriate, order the respondent to attend a hearing to surrender firearms.
813.1285(1m)
(1m) Temporary restraining orders. If the court is required to extend a temporary restraining order under this section, and a temporary restraining order was not previously granted, the court shall, on its own motion, reconsider and grant the temporary restraining order.
813.1285(2)(a)(a) If the respondent is present at the injunction hearing, the court shall stay the injunction for a period not to exceed 48 hours and shall extend the temporary restraining order for 48 hours for the purpose of firearm surrender. The respondent shall provide the court a completed firearm possession form. The court shall verify the information on the firearm possession form and shall make an inquiry on the record as to the contents of the firearm possession form.
813.1285(2)(b)
(b) If the respondent is not present at the injunction hearing, the court shall provide the petitioner with an opportunity to inform the court orally or in writing whether he or she believes that the respondent possesses a firearm. If the petitioner informs the court that the respondent possesses a firearm, the court shall request the petitioner to inform the court orally or in writing how many firearms he or she believes the respondent possesses, the make and model of any firearm he or she believes the respondent possesses, and the location of any firearm he or she believes the respondent possesses.
813.1285(2)(c)1.1. If the firearm possession form submitted to the court under
par. (a) or
(b) indicates the respondent does not possess a firearm, and the court, after an inquiry, is satisfied that the respondent does not possess a firearm, the court shall file the firearm possession form, lift the stay of the injunction, and dismiss the temporary restraining order extended under
par. (a).
813.1285(2)(c)2.
2. If, under
par. (a), the firearm possession form submitted to the court indicates the respondent possesses a firearm, and the respondent has not surrendered his or her firearm as described under
sub. (3) (a), the court shall continue to stay the injunction as provided under
par. (a) for a period not to exceed 48 hours, issue a surrender and extend order, and schedule a hearing to surrender firearms to occur within one week of the injunction hearing.
813.1285(2)(c)3.
3. If, under
par. (b), the petitioner indicates that the respondent possesses a firearm or if the court is not satisfied under
subd. 1. that the respondent does not possess a firearm, the court shall schedule a hearing to surrender firearms to occur within one week of the injunction hearing. The court shall do one of the following:
813.1285(2)(c)3.a.
a. Continue the stay under
par. (a) of the injunction and issue a surrender and extend order.
813.1285(2)(c)4.
4. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.
813.1285(3)(a)(a) Unless the court has noted another reason that is relevant to the surrender of firearms that would require the hearing to surrender firearms to occur, the court shall dismiss the hearing to surrender firearms scheduled under
sub. (2) (c) 2. or
3. if the respondent surrenders his or her firearm in one of the following manners:
813.1285(3)(a)1.
1. The respondent surrenders his or her firearm to another person and all of the following apply:
813.1285(3)(a)1.a.
a. The respondent and the person to whom the respondent is surrendering his or her firearm appear at the injunction hearing.
813.1285(3)(a)1.b.
b. At the injunction hearing, the person testifies under oath that the person has received the firearms listed on the respondent's firearm possession form.
813.1285(3)(a)1.c.
c. At the injunction hearing, the court determines that the person is not prohibited from possessing a firearm.
813.1285(3)(a)1.d.
d. The court informs the person to whom the firearm is surrendered of the requirements and penalties under
s. 941.29 (4).
813.1285(3)(a)1.e.
e. The court, after considering all relevant factors and any input from the petitioner, approves the surrender of the firearm.
813.1285(3)(a)2.
2. The respondent surrenders his or her firearm to a sheriff no later than 48 hours after the injunction hearing ordering the respondent to surrender his or her firearm and provides a copy of the receipt to the clerk of courts as provided in
sub. (6) (b).
813.1285(3)(a)3.
3. The respondent surrenders his or her firearm to a sheriff as provided under
subd. 2., and a person who appeared at the injunction hearing takes possession of the firearm from the sheriff, if all of the following apply:
813.1285(3)(a)3.b.
b. The sheriff determines that the person is not prohibited from possessing a firearm.
813.1285(3)(b)
(b) If the court approves the surrender under
par. (a) 1., and if the court has issued a surrender and extend order and has stayed the injunction, the court shall lift the stay and dismiss the temporary restraining order.
813.1285(4)(a)(a) Unless the court dismisses the hearing to surrender firearms, a respondent for whom a hearing to surrender firearms has been scheduled must attend the hearing. If the respondent fails to attend the hearing to surrender firearms, the court shall issue an arrest warrant for the respondent.
813.1285(4)(b)
(b) At the hearing to surrender firearms, the court shall stay the injunction for a period not to exceed 48 hours, shall extend the temporary restraining order for 48 hours, shall ensure that the respondent has completed a firearm possession form and verify the information provided on the firearm possession form if the information was not already verified under
sub. (2) (a), shall make an inquiry on the record as to the contents of the firearm possession form, and shall do one of the following:
813.1285(4)(b)1.
1. If the respondent wants to surrender his or her firearms to a person who is not the sheriff and who appears at the hearing to surrender firearms, and if the court, after considering all relevant factors and input from the petitioner, approves the surrender and informs the person to whom the firearms are surrendered of the requirements and penalties under
s. 941.29 (4), order the respondent to surrender his or her firearms in one of the following ways:
813.1285(4)(b)1.a.
a. To the person, after the person testifies under oath that he or she has received the firearms listed on the respondent's firearm possession form and after the court determines that the person is not prohibited from possessing a firearm.
813.1285(4)(b)1.b.
b. To the sheriff, who shall transfer the firearms to the person after determining that the person is not prohibited from possessing a firearm.
813.1285(4)(b)1m.
1m. If the respondent claims to have surrendered his or her firearms to the sheriff in accordance with
sub. (6), verify that the respondent has surrendered all such firearms, lift the stay of the injunction, and dismiss the temporary restraining order.
813.1285(4)(b)2.
2. Order the respondent to surrender any firearm that the court finds the respondent owns or possesses to a sheriff in accordance with
sub. (6). If the respondent has not provided to the court, within 48 hours of the hearing to surrender firearms, a receipt as specified in
sub. (6) (b) that shows surrender of all of the firearms that were subject to the order, the court shall presume the respondent is violating the order and the injunction and may do any of the following:
813.1285(4)(b)2.a.
a. Notify the sheriff of the violation for investigation and appropriate action.
813.1285(4)(b)2.c.
c. Issue a warrant to the sheriff ordering that the respondent be brought before the court to show cause why the respondent should not be held in contempt.
813.1285(4)(b)3.a.a. If, under
subd. 1. b. or
2., the court orders the respondent to surrender his or her firearms to the sheriff, the court shall issue a surrender and extend order.
813.1285(4)(b)3.b.
b. If, under
subd. 1. a., the court orders the respondent to surrender his or her firearms to a person who is not the sheriff, the court shall lift any stay of the injunction and dismiss the temporary restraining order.
813.1285(4)(b)4.
4. If the firearm possession form indicates that the respondent does not possess a firearm, and the court, after an inquiry, is satisfied that the respondent does not possess a firearm, the court shall file the firearm possession form, lift any stay of the injunction, and dismiss the temporary restraining order.
813.1285(5)
(5) Firearm possession form and petition for the return of firearms. 813.1285(5)(a)(a) The director of state courts shall develop a firearm possession form. Any false information provided on the form by the respondent may be subject to a penalty of false swearing under
s. 946.32. The director of state courts shall ensure that the firearm possession form does all of the following:
813.1285(5)(a)1.
1. Requires the respondent to list his or her name and address.
813.1285(5)(a)2.
2. Includes space for the respondent's signature and date signed.
813.1285(5)(a)3.
3. Requires the respondent to indicate whether he or she owns or possesses any firearm or has owned or possessed any firearm in the 6 months immediately preceding the issuance of the injunction, and, if the answer is yes, to list the quantity and the make and model of each firearm and to note whether the firearm was sold or surrendered and whether he or she has a receipt for the firearm sale or surrender.
