813.1285(7)(a)(a) A firearm surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms and a judge or circuit court commissioner determines all of the following:
813.1285(7)(a)1.1. That the injunction has been vacated or has expired and not been extended.
813.1285(7)(a)2.2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or circuit court commissioner is competent to grant relief. The court or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.
813.1285(7)(b)(b) If a respondent surrenders a firearm under this section that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court’s satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.2905.
813.1285(8)(8)Penalties. A respondent who violates an order described under sub. (1g) (a) or (b) is subject to a fine of not more than $10,000 or imprisonment for not more than 9 months or both in addition to any other penalty to which he or she is subject.
813.1285 HistoryHistory: 2013 a. 321 ss. 7 to 10, 28; 2017 a. 145.
813.129813.129Global positioning system tracking.
813.129(1)(1)If a person knowingly violates a temporary restraining order or injunction issued under s. 813.12 or 813.125, in addition to other penalties provided in those sections, the court may report the violation to the department of corrections immediately upon the person’s conviction and may order the person to submit to global positioning system tracking under s. 301.49.
813.129(2)(2)Before issuing an order under sub. (1), the court must find that the person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, weighing the following factors:
813.129(2)(a)(a) Whether the person has allegedly caused physical injury, intentionally abused pets or damaged property, or committed sexual assault, an act of strangulation or forcible entry to gain access to the petitioner.
813.129(2)(b)(b) Whether the person has threatened any individual, including the petitioner, with harm.
813.129(2)(c)(c) Whether the person has a history of improperly using or threatening to use a firearm or other dangerous weapon.
813.129(2)(d)(d) Whether the person has expressed suicidal ideation.
813.129(2)(e)(e) Whether the person has exhibited obsessive or controlling behavior toward the petitioner or any member of the petitioner’s family, including stalking, surveillance, or isolation of the petitioner or any member of the petitioner’s family.
813.129(2)(f)(f) The person’s mental health history.
813.129(2)(g)(g) Whether the person has a history of abusing alcohol or a controlled substance.
813.129(3)(3)The court may request the department of corrections to provide a validated risk assessment of the person in order to make the findings required in sub. (2).
813.129(4)(4)If a court enters an order under sub. (1), the court shall provide the person who petitioned for the restraining order or injunction with a referral to a domestic violence or sexual assault victim service provider.
813.129(5)(5)If, after weighing the factors set forth under sub. (2), the court determines that a person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, and the court determines that another alternative, including imprisonment, is more likely to protect the person who petitioned for the restraining order or injunction, the court may not enter an order under sub. (1).
813.129 HistoryHistory: 2011 a. 266; 2013 a. 20.
813.13813.13Writ of ne exeat. The court or a judge may grant the writ of ne exeat to prevent any defendant from going out of the state until the defendant shall give security. It may be granted at any time before judgment.
813.13 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.13; 1993 a. 486.
813.14813.14Same; when granted. No writ of ne exeat shall be granted unless it appears to the court or judge by the complaint or an affidavit that grounds exist therefor; and the court or judge granting such writ shall direct to be endorsed thereon the penalty of the bond and security to be given by the defendant.
813.14 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.14.
813.15813.15Same; discharge of. If the defendant shall satisfy the court or judge granting such writ that there is no reason for the defendant’s restraint or shall give security for the performance of the judgment in the action, the writ shall be discharged.
813.15 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.15; 1993 a. 486.
813.16813.16Receivers. A receiver may be appointed:
813.16(1)(1)On the application of either party, when the applying party establishes an apparent right to or interest in property which is the subject of the action and which is in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially impaired.
813.16(2)(2)By the judgment, or after judgment, to carry it into effect or to dispose of the property according to the judgment.