(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.
(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.
(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.
352,31
Section
31. 813.128 (6) of the statutes is created to read:
813.128 (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.
352,32
Section
32. 813.128 (7) of the statutes is created to read:
813.128 (7) Applicability. This section applies to all of the following:
(a) A request made on or after the effective date of this paragraph .... [LRB inserts date], 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.
(b) A continuing action for enforcement of a foreign protection order, regardless of when the order was issued or when the action was commenced.
352,33
Section
33. 940.20 (1m) (a) of the statutes is amended to read:
940.20 (1m) (a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under s. 806.247 (3) 813.128 (3g) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class I felony.
352,34
Section
34. 941.29 (1) (f) of the statutes is amended to read:
941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 806.247 (3)
813.128 (3g).
352,35
Section
35. 968.07 (1m) of the statutes is amended to read:
968.07 (1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (3g) (b), or 968.075 (2) (a) or (5) (e).
352,36
Section
36. 968.075 (2) (am) of the statutes is amended to read:
968.075 (2) (am) Notwithstanding s. 968.07 (1), unless the person's arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (3g) (b) or sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor.
352,37
Section
37. 973.075 (1) (b) 1m. f. of the statutes is amended to read:
973.075 (1) (b) 1m. f. In the commission of a crime under s. 813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) (4) or 940.32.
352,38
Section
38. 973.075 (1) (bm) of the statutes is amended to read:
973.075 (1) (bm) Any property used in the commission of a crime under s. 813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) (4) or 940.32, but if the property is encumbered by a bonafide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.