Chapter 813

813.125(4)(a)1. 1. The petitioner has filed a petition alleging the elements set forth under sub. (5) (a).

813.125(4)(a)2. 2. The petitioner serves upon the respondent a copy of a restraining order obtained under sub. (3) and notice of the time for the hearing on the issuance of the injunction under sub. (3) (c). The restraining order or notice of hearing served under this subdivision shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm while the injunction is in effect. The person who serves the respondent with the order or notice shall also provide the respondent with all of the following information:

813.125(4)(a)2.a. a. Notice of the requirements and penalties under s. 941.29 and notice of any similar applicable federal laws and penalties.

813.125(4)(a)2.b. b. An explanation of s. 813.1285, including the procedures for surrendering a firearm and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms.

813.125(4)(a)2.c. c. A firearm possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

813.125(4)(a)3. 3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or intimidate the petitioner.

813.125(4)(aj) (aj) The judge or circuit court commissioner may not dismiss or deny granting an injunction because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.

813.125(4)(am) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner’s residence under par. (a) the judge or circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.

813.125(4)(b) (b) The injunction may be entered only against the respondent named in the petition.

813.125(4)(c) (c) An injunction under this subsection is effective according to its terms, but for not more than 4 years, except as provided in par. (d).

813.125(4)(d) (d)

813.125(4)(d)1. 1. A judge or circuit court commissioner may, upon issuing an injunction or granting an extension of an injunction issued under this subsection, order that the injunction is in effect for not more than 10 years, if the court finds, by a preponderance of the evidence stated on the record, that any of the following is true:

813.125(4)(d)1.a. a. There is a substantial risk that the respondent may commit first-degree intentional homicide under s. 940.01, or 2nd-degree intentional homicide under s. 940.05, against the petitioner.

813.125(4)(d)1.b. b. There is a substantial risk that the respondent may commit sexual assault under s. 940.225 (1), (2), or (3), or under s. 948.02 (1) or (2), against the petitioner.

813.125(4)(d)1m. 1m. Upon request by the petitioner, a judge or circuit court commissioner may order that the injunction is in effect permanently if the respondent has been convicted of a violation of s. 940.225 (1) to (3) in which the petitioner was the crime victim. An order based on a finding under this subdivision is subject to review and modification under s. 813.126 (1m).

813.125(4)(d)2. 2. This paragraph does not prohibit a petitioner from requesting a new temporary restraining order under sub. (3) or injunction under this subsection before or at the expiration of a previously entered order or injunction.

813.125(4g) (4g) Order; telephone services.

813.125(4g)(a) (a) Unless a condition described in par. (b) exists, a judge or circuit court commissioner who issues an injunction under sub. (4) may, upon request by the petitioner, order a wireless telephone service provider to transfer to the petitioner the right to continue to use a telephone number or numbers indicated by the petitioner and the financial responsibility associated with the number or numbers, as set forth in par. (c). The petitioner may request transfer of each telephone number he or she, or a minor child in his or her custody, uses. The order shall contain all of the following:

813.125(4g)(a)1. 1. The name and billing telephone number of the account holder.

813.125(4g)(a)2. 2. Each telephone number that will be transferred.

813.125(4g)(a)3. 3. A statement that the provider transfers to the petitioner all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this subdivision, “financial responsibility” includes monthly service costs and costs associated with any mobile device associated with the number.

813.125(4g)(b) (b) A wireless telephone service provider shall terminate the respondent’s use of, and shall transfer to the petitioner use of, the telephone number or numbers indicated in par. (a) unless it notifies the petitioner, within 72 hours after it receives the order, that one of the following applies:

813.125(4g)(b)1. 1. The account holder named in the order has terminated the account.

813.125(4g)(b)2. 2. A difference in network technology would prevent or impair the functionality of a device on a network if the transfer occurs.

813.125(4g)(b)3. 3. The transfer would cause a geographic or other limitation on network or service provision to the petitioner.

813.125(4g)(b)4. 4. Another technological or operational issue would prevent or impair the use of the telephone number if the transfer occurs.

813.125(4g)(c) (c) The petitioner assumes all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this paragraph, “financial responsibility” includes monthly service costs and costs associated with any mobile device associated with the number.

813.125(4g)(d) (d) A wireless telephone service provider may apply to the petitioner its routine and customary requirements for establishing an account or transferring a number, including requiring the petitioner to provide proof of identification, financial information, and customer preferences.

813.125(4g)(e) (e) A wireless telephone service provider is immune from civil liability for its actions taken in compliance with a court order issued under this subsection.

813.125(4m) (4m) Restriction on firearm possession; surrender of firearms.

813.125(4m)(a) (a) If a judge or circuit court commissioner issues an injunction under sub. (4) and the judge or circuit court commissioner determines, based on clear and convincing evidence presented at the hearing on the issuance of the injunction, that the respondent may use a firearm to cause physical harm to another or to endanger public safety, the judge or circuit court commissioner may prohibit the respondent from possessing a firearm.

813.125(4m)(b) (b) An order prohibiting a respondent from possessing a firearm issued under par. (a) remains in effect until the expiration of the injunction issued under sub. (4).

813.125(4m)(c) (c) An order issued under par. (a) that prohibits a respondent from possessing a firearm shall do all of the following:

813.125(4m)(c)1. 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29 and any similar applicable federal laws and penalties.

813.125(4m)(c)2. 2. Except as provided in par. (cg), require in writing the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner, in accordance with s. 813.1285.

813.125(4m)(cg) (cg) If the respondent is a peace officer, an order issued under par. (a) may not require the respondent to surrender a firearm that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.

813.125(5) (5) Petition.

813.125(5)(a) (a) The petition shall allege facts sufficient to show the following:

813.125(5)(a)1. 1. The name of the person who is the alleged victim.

813.125(5)(a)2. 2. The name of the respondent.

813.125(5)(a)3. 3. That the respondent has engaged in harassment with intent to harass or intimidate the petitioner.

813.125(5)(a)4. 4. If the petitioner knows of any other court proceeding in which the petitioner is a person affected by a court order or judgment that includes provisions regarding contact with the respondent, any of the following that are known by the petitioner:

813.125(5)(a)4.a. a. The name or type of the court proceeding.

813.125(5)(a)4.b. b. The date of the court proceeding.

813.125(5)(a)4.c. c. The type of provisions regarding contact between the petitioner and respondent.

813.125(5)(am) (am) The petition shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm while the injunction is in effect.

813.125(5)(b) (b) The clerk of circuit court shall provide simplified forms.

813.125(5b) (5b) Elder person petitioner. If the petitioner is an elder person, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.

813.125(5g) (5g) Enforcement assistance.

813.125(5g)(a) (a) Within one business day after an order or injunction is issued, extended, modified or vacated under this section, the clerk of the circuit court shall send a copy of the order or injunction, or of the order extending, modifying or vacating an order or injunction, to the sheriff or to any local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner’s premises.

813.125(5g)(b) (b) The sheriff or other appropriate local law enforcement agency under par. (a) shall enter the information received under par. (a) concerning an order or injunction issued, extended, modified or vacated under this section into the transaction information for management of enforcement system no later than 24 hours after receiving the information and shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

813.125(5g)(c) (c) If an order is issued under this section, upon request by the petitioner the court or circuit court commissioner shall order the sheriff to accompany the petitioner and assist in placing him or her in physical possession of his or her residence.

813.125(5g)(cm) (cm)

813.125(5g)(cm)1. 1. The clerk of the circuit court shall forward to the sheriff any temporary restraining order, injunction, or other document or notice that must be served on the respondent under this section and the sheriff shall assist the petitioner in executing or serving the temporary restraining order, injunction, or other document or notice on the respondent. The petitioner may, at his or her expense, elect to use a private server to effect service.

813.125(5g)(cm)2. 2. If the petitioner elects service by the sheriff, the clerk of circuit court shall provide a form supplied by the sheriff to the petitioner that allows the petitioner to provide information about the respondent that may be useful to the sheriff in effecting service. The clerk shall forward the completed form to the sheriff. The clerk shall maintain the form provided under this subdivision in a confidential manner. If a service fee is required by the sheriff under s. 814.70 (1), the petitioner shall pay the fee directly to the sheriff.

813.125(5g)(d) (d) The issuance of an order or injunction under sub. (3) or (4) is enforceable despite the existence of any other criminal or civil order restricting or prohibiting contact.

813.125(5g)(e) (e) A law enforcement agency and a clerk of circuit court may use electronic transmission to facilitate the exchange of documents under this section. Any person who uses electronic transmission shall ensure that the electronic transmission does not allow unauthorized disclosure of the documents transmitted.

813.125(5m) (5m) Confidentiality of victim’s address. The petition under sub. (5) and the court order under sub. (3), (4), or (4g) may not disclose the address of the alleged victim. The petitioner shall provide the clerk of circuit court with the petitioner’s address when he or she files a petition under this section. The clerk shall maintain the petitioner’s address in a confidential manner.

813.125(5r) (5r) Notice to department of justice.

813.125(5r)(a) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

813.125(5r)(b) (b) Except as provided in par. (c), the department of justice may disclose information that it receives under par. (a) only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

813.125(5r)(c) (c) The department of justice shall disclose any information that it receives under par. (a) to a law enforcement agency when the information is needed for law enforcement purposes.

813.125(6) (6) Arrest.

813.125(6)(am) (am) A law enforcement officer shall arrest and take a person into custody if all of the following occur:

813.125(6)(am)1. 1. A person named in a petition under sub. (5) presents the law enforcement officer with a copy of a court order issued under sub. (3) or (4), or the law enforcement officer determines that such an order exists through communication with appropriate authorities.

813.125(6)(am)2. 2. The law enforcement officer has probable cause to believe that the person has violated the court order issued under sub. (3) or (4).

813.125(6)(c) (c) A respondent who does not appear at a hearing at which the court orders an injunction under sub. (4) but who has been served with a copy of the petition and notice of the time for hearing under sub. (4) (a) 2. that includes the information required under sub. (4) (a) 2. a., b., and c. has constructive knowledge of the existence of the injunction and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

813.125(7) (7) Penalty. Whoever violates a temporary restraining order or injunction issued under this section shall be fined not more than $10,000 or imprisoned not more than 9 months or both.

813.125(8) (8) Notice of full faith and credit. An order or injunction issued under sub. (3) or (4) 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.

813.125 History History: 1983 a. 336; 1991 a. 39, 194; 1995 a. 71, 306; 2001 a. 16, 61, 105; 2003 a. 321; 2005 a. 272; 2007 a. 124; 2009 a. 262; 2011 a. 35, 266; 2013 a. 20, 223, 311, 321, 322; 2015 a. 109; 2015 a. 195, 253, 349, 353; 2021 a. 76, 256.

813.125 Annotation This section is constitutional. Bachowski v. Salamone, 139 Wis. 2d 397, 407 N.W.2d 533 (1987).

813.125 Annotation A person convicted of violating a harassment injunction may not collaterally attack the validity of the injunction in a criminal prosecution to enforce the injunction. State v. Bouzek, 168 Wis. 2d 642, 484 N.W.2d 362 (Ct. App. 1992).

813.125 Annotation A hearing on issuing an injunction initially held within seven days of the issuance of the temporary restraining order, then continued for seven months at the defendant’s request, did not result in the court losing competency to proceed. W.W.W. v. M.C.S., 185 Wis. 2d 468, 518 N.W.2d 285 (Ct. App. 1994).

813.125 Annotation Discussing proof of intent. W.W.W. v. M.C.S., 185 Wis. 2d 468, 518 N.W.2d 285 (Ct. App. 1994).

813.125 Annotation A municipal corporation is a “person” that may bring an action for an injunction under this section. Village of Tigerton v. Minniecheske, 211 Wis. 2d 777, 565 N.W.2d 586 (Ct. App. 1997), 96-1933.

813.125 Annotation Violating an injunction under this section is a crime and is not a lesser-included offense of harrassment under s. 947.013 (1r). A defendant may be convicted for violating this section and s. 947.013 without violating the prohibition against double jeopardy. Convictions for violating this section may be counted for purposes of determining whether the defendant may be sentenced as a repeat offender under s. 939.62. State v. Sveum, 2002 WI App 105, 254 Wis. 2d 868, 648 N.W.2d 496, 01-0230.

813.125 Annotation Banishment from a particular place is not a per se violation of the right to travel. There is no exact formula for determining whether a geographic restriction is narrowly tailored. Each case must be analyzed on its own facts, circumstances, and total atmosphere to determine whether the geographic restriction is narrowly drawn. Predick v. O’Connor, 2003 WI App 46, 260 Wis. 2d 323, 660 N.W.2d 1, 02-0503.

813.125 Annotation A violation of this section may not rest on conduct that serves a legitimate purpose, which is a determination that must of necessity be left to the fact finder, taking into account all the facts and circumstances. The legitimate purpose determination is such that the fact finder must determine if any legitimate purpose was intended at the time of the conduct. Welytok v. Ziolkowski, 2008 WI App 67, 312 Wis. 2d 435, 752 N.W.2d 359, 07-0347.

813.125 Annotation This section can extend injunctive protection to institutions as well as natural persons. Although sub. (1) (b) [now sub. (1) (am) 4.] describes harassment as “committing acts which harass or intimidate another person,” s. 990.01 (26) defines a “person” as including “all partnerships, associations and bodies politic or corporate.” Board of Regents — UW System v. Decker, 2014 WI 68, 355 Wis. 2d 800, 850 N.W.2d 112, 11-2902.

813.125 Annotation Conduct or repetitive acts that are intended to harass or intimidate do not serve a legitimate purpose. A person cannot shield the person’s harassing conduct from regulation by labeling it “protest.” If the person’s purpose was even in part to harass, the conduct may be enjoined. The person’s constitutional right to protest can be restricted when the person engages in harassment with the intent to harass or intimidate. Board of Regents — UW System v. Decker, 2014 WI 68, 355 Wis. 2d 800, 850 N.W.2d 112, 11-2902.

813.125 Annotation Sub. (3) (c) explicitly says that a temporary restraining order can be extended “once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order.” It is not enough that the circuit court finally held the injunction hearing within the 14-day extension period permitted by the statute. To permit the circuit court to extend the temporary restraining order twice would be to ignore the statute’s plain words. Hill v. D.C., 2014 WI App 99, 357 Wis. 2d 463, 855 N.W.2d 880, 13-1844.

813.125 Annotation Applicable 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 a harassment protection order issued under this section in an action that the court has ordered sealed. OAG 2-10.

813.125 Annotation For an activity to violate an injunction issued under this section, it must be intentional and devoid of any legitimate purpose. Deputies did not have probable cause to arrest the subject of an injunction when they knew that the subject had entered a town hall to attend a meeting at which the subject had a personal interest in an agenda item prior to the persons protected by the injunction, that the persons protected by the injunction wished to attend the meeting, and that they possessed harassment injunctions commanding the subject of the injunction to avoid any premises temporarily occupied by the persons protected. Wagner v. Washington County, 493 F.3d 833 (2007).

813.126 813.126 New hearing or petition for review.

813.126(1) (1) Time limits for de novo hearing. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, or 813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.

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.