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,
355 Wis. 2d 800,
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,
355 Wis. 2d 800,
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,
357 Wis. 2d 463,
855 N.W.2d 880,
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(1)(1)
Time limits. 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(2)
(2) Notice. The clerk of circuit court shall provide notice of a motion under
sub. (1) to the nonmoving party. This subsection does not apply to a motion to review a denial of a temporary restraining order.
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
Uniform interstate enforcement of domestic violence protection orders act. 813.128(1g)(b)
(b) “Foreign mutual protection order" means a foreign protection order that includes provisions in favor of both the individual seeking enforcement of the order and the respondent.
813.128(1g)(c)
(c) “Foreign protection order" means a protection order issued by a tribunal other than a tribunal of this state.
813.128(1g)(d)
(d) “Protected individual" means an individual protected by a protection order.
813.128(1g)(e)
(e) “Protection order" means any temporary or permanent injunction or order issued by a tribunal to prevent an individual from engaging in abuse, bodily harm, communication, contact, harassment, physical proximity, threatening acts or violence to another person, other than support or custody orders. This term includes an injunction or order issued under the antistalking laws of the issuing state.
813.128(1g)(f)
(f) “Respondent" means the individual against whom enforcement of a protection order is sought.
813.128(1g)(g)
(g) “Tribunal" means a court, agency, or other entity of a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, an American Indian tribe or band, or any territory or insular possession subject to the jurisdiction of the United States, authorized by law to issue or modify a protection order.
813.128(2g)(a)(a) A foreign protection order shall be accorded full faith and credit by the tribunals in this state and shall be enforced as if the order were an order of a tribunal of this state if the order meets all of the following conditions:
813.128(2g)(a)1.
1. The foreign protection order was obtained after providing the respondent a reasonable notice and opportunity to be heard sufficient to protect his or her right to due process. If the foreign protection order is an ex parte injunction or order, the respondent shall have been given notice and an opportunity to be heard within a reasonable time after the order was issued sufficient to protect his or her right to due process.
813.128(2g)(a)2.
2. The tribunal that issued the order had jurisdiction over the parties and over the subject matter.
813.128(2g)(a)3.
3. The order identifies the protected individual and the respondent.
813.128(2g)(b)
(b) A foreign protection order or modification of the foreign protection order that meets the requirements under this section 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(2g)(c)
(c) A foreign protection order issued against the person who filed a written pleading with a tribunal for a protection order is not entitled to full faith and credit under this subsection if any of the following occurred:
813.128(2g)(c)1.
1. No written pleading was filed seeking the foreign protection order against the person who filed a written pleading with a tribunal for a protection order.
813.128(2g)(c)2.
2. A cross or counter petition was filed but the tribunal did not make a specific finding that each party was entitled to a foreign protection order.
813.128(3g)
(3g) Filing and enforcement of a foreign protection order. 813.128(3g)(a)1.1. A copy of any foreign protection order, or of a modification of a foreign protection order that is on file with the circuit court, that is authenticated in accordance with an act of congress, an Indian tribal legislative body or the statutes of another state may be filed in the office of the clerk of circuit court of any county of this state. The clerk may not charge a fee for the filing of a foreign protection order. The clerk shall treat any foreign protection order or modification so filed in the same manner as a judgment of the circuit court.
813.128(3g)(a)2.
2. Within one business day after a foreign protection order or a modification of a foreign protection order is filed under this subsection, the clerk of circuit court shall send a copy of the foreign protection order or modification of the order to the sheriff in that circuit or to the local law enforcement agency that is the central repository for orders and injunctions in that circuit.
813.128(3g)(a)3.
3. The sheriff or law enforcement agency that receives a copy of a foreign protection order or of a modification of an order from the clerk under
subd. 2. shall enter the information received concerning the order or modification of an order into the transaction information for management of enforcement system no later than 24 hours after receiving the information. The sheriff or law enforcement agency shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or modification of an order filed under this subsection. The information need not be maintained after the order or modification is no longer in effect.
813.128(3g)(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(3g)(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(3g)(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(3g)(b)3.
3. For the purposes of this paragraph, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
813.128(3g)(c)
(c) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
813.128(3g)(d)
(d) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
813.128(3g)(e)
(e) A tribunal of this state shall enforce the provisions of a valid foreign protection order that govern custody, physical placement, and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody, physical placement, and visitation orders in the issuing state.
813.128(3g)(f)
(f) A foreign protection order that is valid on its face is prima facie evidence of its validity.
813.128(3g)(g)
(g) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
813.128(3g)(h)
(h) A tribunal of this state may enforce provisions of a foreign mutual protection order that favor a respondent only if the respondent filed a written pleading seeking a protection order from the tribunal of the issuing state and the tribunal of the issuing state made specific findings in favor of the respondent.
813.128(3g)(i)
(i) A tribunal of this state may not a enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
813.128(4)
(4) 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 this section 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 this section 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 this section, the court shall direct the clerk of circuit court to file the order and any modification of the order.
813.128(5)
(5) Immunity. A law enforcement officer, law enforcement agency, prosecuting attorney, state, local, or Indian tribe or band governmental official, 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, 2013 stats.
813.128(6)
(6) Other remedies. A protected individual who pursues remedies under this section is not precluded from pursuing other legal or equitable remedies against the respondent.
813.128(7)
(7) Applicability. This section applies to all of the following:
813.128(7)(a)
(a) A request made on or after April 13, 2016, for enforcement of a foreign protection order for a violation of the order, regardless of when the order was issued or when the violation occurred.
813.128(7)(b)
(b) A continuing action for enforcement of a foreign protection order, regardless of when the order was issued or when the action was commenced.
813.128 History
History: 1995 a. 306;
2015 a. 352 ss.
5 to
14,
16 to
32.
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).
