813.122(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.

813.122 AnnotationThis section implicitly envisions a change of placement and custody if the trial court issues a child abuse injunction against a parent who has custody or placement of a child under a divorce order or judgment. Scott M.H. v. Kathleen M.H., 218 Wis. 2d 605, 581 N.W.2d 564 (Ct. App. 1998), 97-0814.

813.122 AnnotationConstruing this section and s. 48.02 (1) (gm) as allowing a trial court to consider evidence of the treatment a respondent obtained or steps a respondent took to ameliorate a child’s symptoms of emotional damage after the filing of the petition but prior to the injunction hearing would undercut the purpose of the injunction, which is to protect a child from an abusive situation. In light of Wisconsin’s strong and long-standing interest in the protection and well-being of its minors, interpreting these statutes in a manner that would allow a respondent to undercut the purpose of the statute would be unreasonable. S.O. v. T.R., 2016 WI App 24, 367 Wis. 2d 669, 877 N.W.2d 408, 15-0548.

813.122 AnnotationEvidence of the treatment obtained or steps taken by a parent, guardian, or legal custodian to address and remedy his or her actions can benefit the child within the meaning of this section and s. 48.02 (1) (gm). However, when evidence of such actions is introduced to establish that the parent, guardian, or legal custodian has not “neglected, refused or been unable ... to obtain the necessary treatment or to take steps to ameliorate the symptoms,” there must also be testimony or other evidence showing an actual benefit to the child in terms of treating the child and ameliorating the child’s symptoms of emotional abuse. S.O. v. T.R., 2016 WI App 24, 367 Wis. 2d 669, 877 N.W.2d 408, 15-0548.

813.122 AnnotationApplicable 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 child abuse protection orders and individual at risk protection orders in actions in which the court has ordered, under sub. (3) (b) 3. [now sub. (3) (bq)] and s. 813.23 (3) (c) 2., respectively, that access to any record of the case be available only to the individual at risk, parties, their attorneys, any guardian or guardian ad litem, court personnel, and any applicable appellate court. OAG 2-10.

813.123(1)(a)(a) “Abuse” has the meaning given in s. 46.90 (1) (a).

813.123(1)(ae)(ae) “Adult at risk” has the meaning given in s. 55.01 (1e).

813.123(1)(am)(am) “Adult-at-risk agency” has the meaning given in s. 55.01 (1f).

813.123(1)(b)(b) “Bodily harm” has the meaning given in s. 46.90 (1) (aj).

813.123(1)(br)(br) “Caregiver” has the meaning given in s. 46.90 (1) (an).

813.123(1)(cg)(cg) “Elder adult at risk” has the meaning given in s. 46.90 (1) (br).

813.123(1)(d)(d) “False representation” includes a promise that is made with the intent not to fulfill the promise.

813.123(1)(dm)(dm) “Financial exploitation” has the meaning given in s. 46.90 (1) (ed).

813.123(1)(e)(e) “Great bodily harm” has the meaning given in s. 939.22 (14).

813.123(1)(eg)(eg) “Harassment” has the meaning given in s. 813.125 (1) (am) 4.

813.123(1)(ek)(ek) “Household pet” means a domestic animal that is not a farm animal, as defined in s. 951.01 (3), that is kept, owned, or cared for by an individual at risk or an elder adult at risk or by a family member or a household member of an individual at risk or an elder adult at risk.

813.123(1)(ep)(ep) “Individual at risk” means an elder adult at risk or an adult at risk.

813.123(1)(fm)(fm) “Mistreatment of an animal” means cruel treatment of any animal owned by or in service to an individual at risk.

813.123(1)(g)(g) “Neglect” has the meaning given in s. 46.90 (1) (f).

813.123(1)(gr)(gr) “Self-neglect” has the meaning given in s. 46.90 (1) (g).

813.123(1)(gs)(gs) “Stalking” means engaging in a course of conduct, as defined in s. 940.32 (1) (a).

813.123(2)(a)(a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (6). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. The individual at risk, any person acting on behalf of an individual at risk, an elder-adult-at-risk agency, or an adult-at-risk agency may be a petitioner under this section. If the petition is filed by a person other than the individual at risk, the petitioner shall serve a copy of the petition on the individual at risk. Section 813.06 does not apply to an action under this section. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunction or orally at that hearing. The court shall inform the petitioner in writing that, if the petitioner chooses to have the documents in the action served by the sheriff, the petitioner should contact the sheriff to verify the proof of service of the petition.

813.123(2)(b)(b) The court may go forward with a petition filed under sub. (6) if the individual at risk has been adjudicated incompetent under ch. 880, 2003 stats., or ch. 54, notwithstanding an objection by an individual at risk who is the subject of the petition, or an objection by the guardian of the individual at risk.