813.126(1m) (1m) Hearing to review a permanent injunction. If a respondent’s criminal conviction that formed the basis for a permanent injunction in an action under s. 813.12, 813.122, 813.123, or 813.125 has been vacated, the respondent may file a motion requesting a hearing to review the injunction. The court shall hold the review hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. At the hearing, if the judge finds that the conviction that formed the basis for the permanent injunction has been vacated, the judge shall modify the duration of the injunction or vacate the injunction. In so modifying or vacating the injunction, the judge shall consider all relevant factors, including the risk to the petitioner and the time that has passed since the injunction was ordered. No modified injunction ordered under this subsection may be in effect for a longer period than the maximum period that would have been possible when the injunction was first ordered if the injunction had not been permanent. If the maximum possible period from the time the injunction was first ordered has elapsed, the judge shall vacate the injunction.

813.126(2) (2) Notice. The clerk of circuit court shall provide notice of a motion under sub. (1) or (1m) to the nonmoving party. This subsection does not apply to a motion to review a denial of a temporary restraining order.

813.126 History History: 2009 a. 262; 2013 a. 322; 2015 a. 349; 2021 a. 256.

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) (1g) Definitions. In this section:

813.128(1g)(a) (a) “Bodily harm” has the meaning given in s. 939.22 (4).

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) (2g) Status of a foreign 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)(a)4. 4. The order is currently in effect.

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) (a)

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.