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AB573,8,1210 (b) Notice need not be given to the respondent before issuing a temporary
11restraining order under this subsection. A temporary restraining order may be
12entered only against the respondent named in the petition.
AB573,8,2013 (c) A temporary restraining order issued under this subsection is in effect until
14a hearing is held on issuance of an injunction under sub. (4). A judge shall hold a
15hearing on issuance of an injunction under sub. (4) within 14 days after the
16temporary restraining order is issued, unless the time is extended once for up to 14
17days upon the written consent of the parties or upon a finding that the respondent
18has not been served with a copy of the temporary restraining order although the
19petitioner has exercised due diligence. A judge may not extend the temporary
20restraining order in lieu of ruling on the issuance of an injunction.
AB573,8,2521 (d) The judge or circuit court commissioner shall advise the petitioner of the
22right to serve the respondent the petition by published notice if with due diligence
23the respondent cannot be served as provided under s. 801.11 (1) (a) or (b). The clerk
24of the circuit court shall assist the petitioner with the preparation of the notice and
25filing of the affidavit of printing.
AB573,9,4
1(4) Injunction. (a) A judge may grant an injunction prohibiting the respondent
2from possessing a firearm and, if the respondent was not subject to a temporary
3restraining order under sub. (3), ordering the respondent to surrender all firearms
4in the respondent's possession if all of the following occur:
AB573,9,65 1. The petitioner files a petition alleging the elements set forth under sub. (5)
6(a).
AB573,9,107 2. The petitioner serves upon the respondent a copy or summary of the petition
8and notice of the time for hearing on the issuance of the injunction, or the respondent
9serves upon the petitioner notice of the time for hearing on the issuance of the
10injunction.
AB573,9,1311 3. The judge finds by clear and convincing evidence that the respondent is
12substantially likely to injure the respondent or another person if the respondent
13possesses a firearm.
AB573,9,1514 (b) The judge may enter an injunction only against the respondent named in
15the petition.
AB573,9,1816 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
17this subsection is effective for a period determined by the judge that is no longer than
18one year.
AB573,9,2219 2. When an injunction expires, the court shall extend the injunction, upon
20petition, for up to one year if the judge finds by clear and convincing evidence that
21the respondent is still substantially likely to injure the respondent or another person
22if the respondent possesses a firearm.
AB573,9,2523 (d) A respondent who is subject to an injunction issued under this subsection
24may request in writing a judge to vacate the injunction one time during any
25injunction period. If a respondent files a request under this paragraph, the

1petitioner shall be notified of the request before the judge considers the request. The
2judge shall vacate the injunction if the respondent demonstrates by clear and
3convincing evidence that the respondent is no longer substantially likely to injure
4the respondent or another person if the respondent possesses a firearm.
AB573,10,65 (e) An injunction issued under this subsection shall inform the respondent
6named in the petition of the requirements and penalties under s. 941.29.
AB573,10,7 7(5) Petition. (a) The petition shall allege facts sufficient to show the following:
AB573,10,98 1. The name of the petitioner and, unless the petitioner is a law enforcement
9officer, how the petitioner is a family or household member of the respondent.
AB573,10,1010 2. The name of the respondent.
AB573,10,1211 3. That the respondent is substantially likely to injure the respondent or
12another person if the respondent possesses a firearm.
AB573,10,1413 4. If the petitioner knows, the number, types, and locations of any firearms that
14the respondent possesses.
AB573,10,1615 (b) The clerk of the circuit court shall provide simplified forms to help a person
16file a petition.
AB573,10,1717 (c) Only the following persons may file a petition under this section:
AB573,10,1818 1. A law enforcement officer.
AB573,10,1919 2. A family or household member of the respondent.
AB573,11,2 20(6) Enforcement assistance. (a) 1. If an injunction is issued, extended, or
21vacated under sub. (4), the clerk of the circuit court shall notify the department of
22justice of the action and shall provide the department of justice with information
23concerning the period during which the injunction is in effect or the date on which
24the injunction is vacated and with information necessary to identify the respondent
25for purposes of responding to a request under s. 165.63 or for purposes of a firearms

1restrictions record search under s. 175.35 (2g) (c) or a background check under s.
2175.60 (9g) (a).
AB573,11,63 2. Except as provided in subd. 3., the department of justice may disclose
4information that it receives under subd. 1. only to respond to a request under s.
5165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
6a background check under s. 175.60 (9g) (a).
AB573,11,97 3. The department of justice shall disclose any information that it receives
8under subd. 1. to a law enforcement agency when the information is needed for law
9enforcement purposes.
AB573,11,1410 (b) Within one business day after an order or injunction is issued, extended, or
11vacated under this section, the clerk of the circuit court shall send a copy of the order
12or injunction, or of the order extending or vacating an order or injunction, to the
13sheriff or to any other local law enforcement agency which is the central repository
14for orders and injunctions and which has jurisdiction over the petitioner's premises.
AB573,11,2315 (c) No later than 24 hours after receiving the information under par. (b), the
16sheriff or other appropriate local law enforcement agency under par. (b) shall enter
17the information concerning an order or injunction issued, extended, or vacated under
18this section into the transaction information for management of enforcement system.
19The sheriff or other appropriate local law enforcement agency shall also make
20available to other law enforcement agencies, through a verification system,
21information on the existence and status of any order or injunction issued under this
22section. The information need not be maintained after the order or injunction is no
23longer in effect.
AB573,12,2 24(7) Penalty for false swearing. Whoever files a petition under this section for
25a temporary restraining order or injunction knowing the information in the petition

1to be false is subject to prosecution for false swearing under s. 946.32 (1), a Class H
2felony.
AB573,12,6 3(8) Return of firearms and form. (a) A firearm surrendered under this section
4may not be returned to the respondent until the respondent completes a petition for
5the return of firearms under par. (c) and a judge or circuit court commissioner
6determines all of the following:
AB573,12,87 1. That the temporary restraining order or injunction has been vacated or has
8expired and not been extended.
AB573,12,139 2. That the person is not prohibited from possessing a firearm under any state
10or federal law or by the order of any federal court or state court, other than an order
11from which the judge or circuit court commissioner is competent to grant relief. The
12court or commissioner shall use the information provided under s. 165.63 to aid in
13making the determination under this subdivision.
AB573,12,2214 (b) If a respondent surrenders under this section a firearm that is owned by a
15person other than the respondent, the person who owns the firearm may apply for
16its return to the circuit court for the county in which the person to whom the firearm
17was surrendered is located. The court shall order such notice as it considers
18adequate to be given to all persons who have or may have an interest in the firearm
19and shall hold a hearing to hear all claims to its true ownership. If the right to
20possession is proved to the court's satisfaction, it shall order the firearm returned.
21If the court returns a firearm under this paragraph, the court shall inform the person
22to whom the firearm is returned of the requirements and penalties under s. 941.2905.
AB573,12,2423 (c) The director of state courts shall develop a petition for the return of firearms
24form that is substantially the same as the form under s. 813.1285 (5) (b).
AB573,13,5
1(9) Notice of full faith and credit. An order or injunction issued under sub.
2(3) or (4) shall include a statement that the order or injunction may be accorded full
3faith and credit in every civil or criminal court of the United States, civil or criminal
4courts of any other state, and Indian tribal courts to the extent that such courts may
5have personal jurisdiction over nontribal members.
AB573,9 6Section 9 . 813.126 (1) of the statutes is amended to read:
AB573,13,177 813.126 (1) Time limits. If a party seeks to have the judge conduct a hearing
8de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court
9commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125,
10including a denial of a request for a temporary restraining order, the motion
11requesting the hearing must be filed with the court within 30 days after the circuit
12court commissioner issued the determination, order, or ruling. The court shall hold
13the de novo hearing within 30 days after the motion requesting the hearing is filed
14with the court unless the court finds good cause for an extension. Any determination,
15order, or ruling entered by a court commissioner in an action under s. 813.12,
16813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo
17hearing issues his or her final determination, order, or ruling.
AB573,10 18Section 10. 813.127 of the statutes is amended to read:
AB573,13,25 19813.127 Combined actions; domestic abuse, child abuse, extreme risk
20protection,
and harassment. A petitioner may combine in one action 2 or more
21petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and
22813.125 if the respondent is the same person in each petition. In any such action,
23there is only one fee applicable under s. 814.61 (1) (a). In any such action, the
24hearings for different types of temporary restraining orders or injunctions may be
25combined.
AB573,11
1Section 11. 813.128 (2g) (b) of the statutes is amended to read:
AB573,14,62 813.128 (2g) (b) A foreign protection order or modification of the foreign
3protection order that meets the requirements under this section has the same effect
4as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
5the foreign protection order or modification shall be enforced according to its own
6terms.
AB573,12 7Section 12 . 941.29 (1m) (g) of the statutes is amended to read:
AB573,14,98 941.29 (1m) (g) The person is subject to an order not to possess a firearm under
9s. 813.123 (5m), 813.124 (3) or (4), or 813.125 (4m).
AB573,14,1010 (End)
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