Chapter 813

813.1283(4)(c)4.a. a. The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order.

813.1283(4)(c)4.b. b. In the case of an ex parte order, the respondent was given a reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.

813.1283(4)(d) (d) A Canadian domestic violence protection order valid on its face is prima facie evidence of its enforceability under this subsection.

813.1283(4)(e) (e) A claim that a Canadian domestic violence protection order does not comply with par. (c) is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order that the Canadian domestic violence protection order is not enforceable under this subsection and sub. (3) and may not be registered under sub. (5).

813.1283(4)(f) (f) This subsection applies to enforcement of a provision of a Canadian domestic violence protection order against a party to the order in which each party is a protected individual and respondent only if the party seeking enforcement of the order filed a pleading requesting the order from the issuing court and the court made specific findings that entitled the party to the enforcement sought.

813.1283(5) (5) Filing.

813.1283(5)(a) (a) A certified copy of any Canadian domestic violence protection order, or of a modification of a Canadian domestic violence protection order that is on file with the circuit court 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 Canadian domestic violence protection order. The clerk shall treat any Canadian domestic violence protection order or modification so filed in the same manner as a judgment of the circuit court. Filing of a Canadian domestic violence protection order under the laws of this state is not required for its enforcement under this section.

813.1283(5)(b) (b) Within one business day after a Canadian domestic violence 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 Canadian domestic violence 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.

813.1283(5)(c) (c) The sheriff or law enforcement agency that receives a copy of a Canadian domestic violence protection order or of a modification of an order from the clerk under par. (b) 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.

813.1283(6) (6) Immunity. A state, state agency, local governmental agency, law enforcement officer, prosecuting attorney, clerk of court, and state or local governmental official acting in an official capacity are immune from civil and criminal liability for an act or omission arising out of the filing or enforcement of a Canadian domestic violence protection order or the detention or arrest of an alleged violator of a Canadian domestic violence protection order if the act or omission was a good faith effort to comply with this section.

813.1283(7) (7) Other remedies. An individual who seeks a remedy under this section may seek other legal or equitable remedies.

813.1283(8) (8) Uniformity of application and construction. In applying and construing this section, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

813.1283(9) (9) Relation to Electronic Signatures in Global and National Commerce Act. This section modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).

813.1283(10) (10) Applicability. This section applies to a Canadian domestic violence protection order issued before, on, or after March 30, 2018, and to a continuing action for enforcement of a Canadian domestic violence protection order commenced before, on, or after March 30, 2018. A request for enforcement of a Canadian domestic violence protection order made on or after March 30, 2018, for a violation of the order occurring before, on, or after March 30, 2018, is governed by this section.

813.1283(11m) (11m) Penalty. A person who knowingly violates a condition of a Canadian domestic violence protection order or modification of a Canadian domestic violence protection order that is enforceable under this section shall be fined not more than $10,000 or imprisoned for not more than 9 months or both. If a Canadian domestic violence protection order and any modification of that order that is enforceable 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.

813.1283 History History: 2017 a. 181.

813.1285 813.1285 Notice and process for firearm surrender.

813.1285(1) (1) Definitions. In this section:

813.1285(1)(a) (a) “Firearm possession form” means the form developed under sub. (5) (a).

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)(c) (c) “Petition for the return of firearms” means a petition developed under sub. (5) (b).

813.1285(1)(d) (d) “Respondent” means the individual who is the subject of an injunction.

813.1285(1)(e) (e) “Surrender and extend order” means an order under sub. (1g).

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)(e) (e) Instruct the respondent how to surrender any firearm.

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) (2) Firearm possession determination.

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) (c)

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)3.b. b. Lift the stay of the injunction.

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) (3) 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. 941.2905.

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)1.f. f. The court does not use the process under subd. 3.

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.a. a. Subdivision 1. d. and e. 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) (4) Hearing to surrender firearms.

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. 941.2905, 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.b. b. Schedule another hearing to surrender firearms.

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. 3.

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.

813.1285(5)(a)4. 4. Gives notice of the penalty for false swearing under s. 946.32.

813.1285(5)(b) (b) The director of state courts shall develop a petition for the return of firearms in substantially the following form:

STATE OF WISCONSIN

IN CIRCUIT COURT FOR .... COUNTY

Petition to Return Firearm(s)

In re the Return of Firearms to (name of person required to surrender firearms in an injunction action)

Requesting person’s information: date of birth, sex, race, height, weight, hair color, eye color, address, and phone number.

Under oath I state that:

1. The court issued an injunction against me on (date of injunction). The injunction was issued based on a:

Domestic Abuse petition.

Child Abuse petition.

Harassment petition.

Adult-at-risk petition.