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AB638,10,4
12. When an injunction expires, the court shall extend the injunction, upon
2petition, for up to one year if the judge finds by clear and convincing evidence that
3the respondent is still substantially likely to injure himself or herself or another
4person if the respondent possesses a firearm.
AB638,10,115 (d) A respondent who is subject to an injunction issued under this subsection
6may request in writing a judge to vacate the injunction one time during any
7injunction period. If a respondent files a request under this paragraph, the
8petitioner shall be notified of the request before the judge considers the request. The
9judge shall vacate the injunction if the respondent demonstrates by clear and
10convincing evidence that the respondent is no longer substantially likely to injure
11himself or herself or another person if the respondent possesses a firearm.
AB638,10,1312 (e) An injunction issued under this subsection shall inform the respondent
13named in the petition of the requirements and penalties under s. 941.29.
AB638,10,14 14(4) Petition. (a) The petition shall allege facts sufficient to show the following:
AB638,10,1615 1. The name of the petitioner and, unless the petitioner is a law enforcement
16officer, how the petitioner is a family or household member of the respondent.
AB638,10,1717 2. The name of the respondent.
AB638,10,1918 3. That the respondent is substantially likely to injure himself or herself or
19another person if the respondent possesses a firearm.
AB638,10,2120 4. If the petitioner knows, the number, types, and locations of any firearms that
21the respondent possesses.
AB638,10,2522 5. If requesting a temporary restraining order, evidence of an immediate and
23present danger that the respondent may injure himself or herself or another person
24if the respondent possesses a firearm and that waiting for the injunction hearing may
25increase the immediate and present danger.
AB638,11,2
1(b) The clerk of the circuit court shall provide simplified forms to help a person
2file a petition.
AB638,11,33 (c) Only the following persons may file a petition under this section:
AB638,11,44 1. A law enforcement officer.
AB638,11,55 2. A family or household member of the respondent.
AB638,11,13 6(5) Enforcement assistance. (a) 1. If a temporary restraining order is issued
7under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the
8clerk of the circuit court shall notify the department of justice of the action and shall
9provide the department of justice with information concerning the period during
10which the order or injunction is in effect or the date on which the injunction is vacated
11and with information necessary to identify the respondent for purposes of
12responding to a request under s. 165.63 or for purposes of a firearms restrictions
13record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
AB638,11,1714 2. Except as provided in subd. 3., the department of justice may disclose
15information that it receives under subd. 1. only to respond to a request under s.
16165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
17a background check under s. 175.60 (9g) (a).
AB638,11,2018 3. The department of justice shall disclose any information that it receives
19under subd. 1. to a law enforcement agency when the information is needed for law
20enforcement purposes.
AB638,12,221 (b) Within one business day after a temporary restraining order is issued under
22sub. (2t) or an injunction is issued, extended, or vacated under this section, the clerk
23of the circuit court shall send a copy of the temporary restraining order, of the
24injunction, or of the order extending or vacating an injunction, to the sheriff or to any

1other local law enforcement agency which is the central repository for injunctions
2and which has jurisdiction over the petitioner's premises.
AB638,12,113 (c) No later than 24 hours after receiving the information under par. (b), the
4sheriff or other appropriate local law enforcement agency under par. (b) shall enter
5the information concerning a temporary restraining order issued under sub. (2t) or
6concerning an injunction issued, extended, or vacated under this section into the
7transaction information for management of enforcement system. The sheriff or other
8appropriate local law enforcement agency shall also make available to other law
9enforcement agencies, through a verification system, information on the existence
10and status of any order or injunction issued under this section. The information need
11not be maintained after the order or injunction is no longer in effect.
AB638,12,1312 (d) 1. The court may schedule a hearing to surrender firearms for any reason
13relevant to the surrender of firearms.
AB638,12,1814 2. If the respondent does not comply with an order issued at a hearing to
15surrender firearms, or a law enforcement officer has probable cause to believe that
16the respondent possesses a firearm, the law enforcement officer shall request a
17search warrant to seize the firearms and may use information contained in the
18petition to establish probable cause.
AB638,12,21 19(6) Penalty for false swearing. Whoever files a petition under this section for
20knowing the information in the petition to be false is subject to prosecution for false
21swearing under s. 946.32 (1).
AB638,12,25 22(7) Return of firearms and form. (a) A firearm surrendered under this section
23may not be returned to the respondent until the respondent completes a petition for
24the return of firearms under par. (c) and a judge or circuit court commissioner
25determines all of the following:
AB638,13,2
11. If a temporary restraining order was issued, that the temporary restraining
2order has expired and no injunction has been issued.
AB638,13,43 2. If an injunction was issued, that the injunction has been vacated or has
4expired and not been extended.
AB638,13,95 3. That the person is not prohibited from possessing a firearm under any state
6or federal law or by the order of any federal court or state court, other than an order
7from which the judge or circuit court commissioner is competent to grant relief. The
8judge or commissioner shall use the information provided under s. 165.63 to aid in
9making the determination under this subdivision.
AB638,13,1810 (b) If a respondent surrenders under this section a firearm that is owned by a
11person other than the respondent, the person who owns the firearm may apply for
12its return to the circuit court for the county in which the person to whom the firearm
13was surrendered is located. The court shall order such notice as it considers
14adequate to be given to all persons who have or may have an interest in the firearm
15and shall hold a hearing to hear all claims to its true ownership. If the right to
16possession is proved to the court's satisfaction, it shall order the firearm returned.
17If the court returns a firearm under this paragraph, the court shall inform the person
18to whom the firearm is returned of the requirements and penalties under s. 941.2905.
AB638,13,2019 (c) The director of state courts shall develop a petition for the return of firearms
20form that is substantially the same as the form under s. 813.1285 (5) (b).
AB638,14,2 21(8) Notice of full faith and credit. A temporary restraining order issued
22under sub. (2t) and an injunction issued under sub. (3) shall include a statement that
23the order or injunction may be accorded full faith and credit in every civil or criminal
24court of the United States, civil or criminal courts of any other state, and Indian

1tribal courts to the extent that such courts may have personal jurisdiction over
2nontribal members.
AB638,10 3Section 10 . 813.126 (1) of the statutes is amended to read:
AB638,14,144 813.126 (1) Time limits. If a party seeks to have the judge conduct a hearing
5de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court
6commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125,
7including a denial of a request for a temporary restraining order, the motion
8requesting the hearing must be filed with the court within 30 days after the circuit
9court commissioner issued the determination, order, or ruling. The court shall hold
10the de novo hearing within 30 days after the motion requesting the hearing is filed
11with the court unless the court finds good cause for an extension. Any determination,
12order, or ruling entered by a court commissioner in an action under s. 813.12,
13813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo
14hearing issues his or her final determination, order, or ruling.
AB638,11 15Section 11. 813.127 of the statutes is amended to read:
AB638,14,22 16813.127 Combined actions; domestic abuse, child abuse, extreme risk
17protection,
and harassment. A petitioner may combine in one action 2 or more
18petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and
19813.125 if the respondent is the same person in each petition. In any such action,
20there is only one fee applicable under s. 814.61 (1) (a). In any such action, the
21hearings for different types of temporary restraining orders or injunctions may be
22combined.
AB638,12 23Section 12 . 813.128 (2g) (b) of the statutes is amended to read:
AB638,15,324 813.128 (2g) (b) A foreign protection order or modification of the foreign
25protection order that meets the requirements under this section has the same effect

1as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
2the foreign protection order or modification shall be enforced according to its own
3terms.
AB638,13 4Section 13. 941.29 (1m) (f) of the statutes is amended to read:
AB638,15,115 941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12
6or 813.122, a temporary restraining order or an injunction issued under s. 813.124,
7or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
8established by any federally recognized Wisconsin Indian tribe or band, except the
9Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
10or she is subject to the requirements and penalties under this section and that has
11been filed under s. 813.128 (3g).
AB638,15,1212 (End)
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