Wisconsin Legislature: 813.1283(4)(c)

813.128 HistoryHistory: 1995 a. 306; 2015 a. 352 ss. 5 to 14, 16 to 32; 2021 a. 240 s. 30.

813.1283813.1283 Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.

813.1283(1)(1) Short title. This section may be cited as the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.

813.1283(2)(2) Definitions. In this section:

813.1283(2)(a)(a) “Canadian domestic violence protection order” means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibits a respondent from doing any of the following:

813.1283(2)(a)1.1. Being in physical proximity to a protected individual or following a protected individual.

813.1283(2)(a)2.2. Directly or indirectly contacting or communicating with a protected individual or other individual described in the order.

813.1283(2)(a)3.3. Being within a certain distance of a specified place or location associated with a protected individual.

813.1283(2)(a)4.4. Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual.

813.1283(2)(b)(b) “Domestic protection order” means an injunction or other order issued by a tribunal which relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual.

813.1283(2)(c)(c) “Issuing court” means the court that issues a Canadian domestic violence protection order.

813.1283(2)(d)(d) “Law enforcement officer” means an individual authorized by law of this state other than this section to enforce a domestic protection order.

813.1283(2)(e)(e) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

813.1283(2)(f)(f) “Protected individual” means an individual protected by a Canadian domestic violence protection order.

813.1283(2)(g)(g) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

813.1283(2)(h)(h) “Respondent” means an individual against whom a Canadian domestic violence protection order is issued.

813.1283(2)(i)(i) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, a federally recognized American Indian tribe or band, or any territory or insular possession subject to the jurisdiction of the United States.

813.1283(2)(j)(j) “Tribunal” means a court, agency, or other entity authorized by law of this state other than this section to establish, enforce, or modify a domestic protection order.

813.1283(3)(3) Enforcement by a law enforcement officer.

813.1283(3)(a)(a) If a law enforcement officer determines under par. (b) or (c) that there is probable cause to believe a valid Canadian domestic violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic violence protection order as if the terms were in an order of a tribunal. Presentation to a law enforcement officer of a certified copy of a Canadian domestic violence protection order is not required for enforcement.

813.1283(3)(b)(b) Presentation to a law enforcement officer of a record of a Canadian domestic violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.

813.1283(3)(c)(c) If a record of a Canadian domestic violence protection order is not presented as provided in par. (b), a law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic violence protection order exists.

813.1283(3)(d)(d) If a law enforcement officer determines that an otherwise valid Canadian domestic violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order.

813.1283(3)(e)(e) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.

813.1283(4)(4) Enforcement by a tribunal.

813.1283(4)(a)(a) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application by any of the following:

813.1283(4)(a)1.1. A person authorized by law of this state other than this section to seek enforcement of a domestic protection order.

813.1283(4)(a)2.2. A respondent.

813.1283(4)(b)(b) In a proceeding under par. (a), the tribunal shall follow the procedures of this state for enforcement of a domestic protection order under s. 813.12, 813.122, 813.123, or 813.125. An order entered under this subsection is limited to the enforcement of the terms of the Canadian domestic violence protection order as described in sub. (2) (a).

813.1283(4)(c)(c) A Canadian domestic violence protection order is enforceable under this subsection if all of the following are true:

813.1283(4)(c)1.1. The order identifies a protected individual and a respondent.

813.1283(4)(c)2.2. The order is valid and in effect.

813.1283(4)(c)3.3. The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court.

813.1283(4)(c)4.4. The order was issued after any of the following:

813.1283(4)(c)4.a.a. The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order.

813.1283(4)(c)4.b.b. In the case of an ex parte order, the respondent was given a reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.

813.1283(4)(d)(d) A Canadian domestic violence protection order valid on its face is prima facie evidence of its enforceability under this subsection.

813.1283(4)(e)(e) A claim that a Canadian domestic violence protection order does not comply with par. (c) is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order that the Canadian domestic violence protection order is not enforceable under this subsection and sub. (3) and may not be registered under sub. (5).

813.1283(4)(f)(f) This subsection applies to enforcement of a provision of a Canadian domestic violence protection order against a party to the order in which each party is a protected individual and respondent only if the party seeking enforcement of the order filed a pleading requesting the order from the issuing court and the court made specific findings that entitled the party to the enforcement sought.

813.1283(5)(5) Filing.

813.1283(5)(a)(a) A certified copy of any Canadian domestic violence protection order, or of a modification of a Canadian domestic violence protection order that is on file with the circuit court 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 Canadian domestic violence protection order. The clerk shall treat any Canadian domestic violence protection order or modification so filed in the same manner as a judgment of the circuit court. Filing of a Canadian domestic violence protection order under the laws of this state is not required for its enforcement under this section.

813.1283(5)(b)(b) Within one business day after a Canadian domestic violence 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 Canadian domestic violence 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.

813.1283(5)(c)(c) The sheriff or law enforcement agency that receives a copy of a Canadian domestic violence protection order or of a modification of an order from the clerk under par. (b) 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.

813.1283(6)(6) Immunity. A state, state agency, local governmental agency, law enforcement officer, prosecuting attorney, clerk of court, and state or local governmental official acting in an official capacity are immune from civil and criminal liability for an act or omission arising out of the filing or enforcement of a Canadian domestic violence protection order or the detention or arrest of an alleged violator of a Canadian domestic violence protection order if the act or omission was a good faith effort to comply with this section.

813.1283(7)(7) Other remedies. An individual who seeks a remedy under this section may seek other legal or equitable remedies.

813.1283(8)(8) Uniformity of application and construction. In applying and construing this section, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

813.1283(9)(9) Relation to Electronic Signatures in Global and National Commerce Act. This section modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).

813.1283(10)(10) Applicability. This section applies to a Canadian domestic violence protection order issued before, on, or after March 30, 2018, and to a continuing action for enforcement of a Canadian domestic violence protection order commenced before, on, or after March 30, 2018. A request for enforcement of a Canadian domestic violence protection order made on or after March 30, 2018, for a violation of the order occurring before, on, or after March 30, 2018, is governed by this section.

813.1283(11m)(11m) Penalty. A person who knowingly violates a condition of a Canadian domestic violence protection order or modification of a Canadian domestic violence protection order that is enforceable under this section shall be fined not more than $10,000 or imprisoned for not more than 9 months or both. If a Canadian domestic violence protection order and any modification of that order that is enforceable under this section remains current and in effect at the time that a court convicts a person for a violation of that order or modification of that order, but that order or modification has not been filed under this section, the court shall direct the clerk of circuit court to file the order and any modification of the order.

813.1283 HistoryHistory: 2017 a. 181.

813.1285813.1285 Notice and process for firearm surrender.

813.1285(1)(1) Definitions. In this section:

813.1285(1)(a)(a) “Firearm possession form” means the form developed under sub. (5) (a).

813.1285(1)(am)(am) “Injunction” means an injunction issued under s. 813.12 (4) or 813.122 (5); an injunction issued under s. 813.123 if the court has required the individual to surrender his or her firearms under s. 813.123 (5m); or an injunction issued under s. 813.125 if the court has required the individual to surrender his or her firearms under s. 813.125 (4m). “Injunction” includes an injunction that has been stayed under this section.

813.1285(1)(b)(b) “Petitioner” means an individual who is applying for, or for whom a court has granted, an injunction.

813.1285(1)(c)(c) “Petition for the return of firearms” means a petition developed under sub. (5) (b).

813.1285(1)(d)(d) “Respondent” means the individual who is the subject of an injunction.

813.1285(1)(e)(e) “Surrender and extend order” means an order under sub. (1g).

813.1285(1g)(1g) Surrender and extend order. If the court issues a surrender and extend order, the court shall do all of the following:

813.1285(1g)(a)(a) Order the respondent to surrender, within a period that is no longer than 48 hours, any firearm that he or she owns or possesses to the sheriff or, in the court’s discretion, to another person.

813.1285(1g)(b)(b) Order that the respondent may possess or transport a firearm only for the purpose of complying with par. (a).

813.1285(1g)(c)(c) If the court stays an injunction, order the respondent subject to a temporary restraining order during the stay of the injunction and extend the temporary restraining order for a period of 48 hours for the purpose of firearm surrender.

813.1285(1g)(d)(d) Inform the respondent when the injunction will take effect and the penalty for possessing a firearm while the injunction is in effect.

813.1285(1g)(e)(e) Instruct the respondent how to surrender any firearm.

813.1285(1g)(f)(f) If appropriate, order the respondent to attend a hearing to surrender firearms.

813.1285(1m)(1m) Temporary restraining orders. If the court is required to extend a temporary restraining order under this section, and a temporary restraining order was not previously granted, the court shall, on its own motion, reconsider and grant the temporary restraining order.

813.1285(2)(2) Firearm possession determination.

813.1285(2)(a)(a) If the respondent is present at the injunction hearing, the court shall stay the injunction for a period not to exceed 48 hours and shall extend the temporary restraining order for 48 hours for the purpose of firearm surrender. The respondent shall provide the court a completed firearm possession form. The court shall verify the information on the firearm possession form and shall make an inquiry on the record as to the contents of the firearm possession form.

813.1285(2)(b)(b) If the respondent is not present at the injunction hearing, the court shall provide the petitioner with an opportunity to inform the court orally or in writing whether he or she believes that the respondent possesses a firearm. If the petitioner informs the court that the respondent possesses a firearm, the court shall request the petitioner to inform the court orally or in writing how many firearms he or she believes the respondent possesses, the make and model of any firearm he or she believes the respondent possesses, and the location of any firearm he or she believes the respondent possesses.

813.1285(2)(c)(c)

813.1285(2)(c)1.1. If the firearm possession form submitted to the court under par. (a) or (b) indicates the respondent does not possess a firearm, and the court, after an inquiry, is satisfied that the respondent does not possess a firearm, the court shall file the firearm possession form, lift the stay of the injunction, and dismiss the temporary restraining order extended under par. (a).

813.1285(2)(c)2.2. If, under par. (a), the firearm possession form submitted to the court indicates the respondent possesses a firearm, and the respondent has not surrendered his or her firearm as described under sub. (3) (a), the court shall continue to stay the injunction as provided under par. (a) for a period not to exceed 48 hours, issue a surrender and extend order, and schedule a hearing to surrender firearms to occur within one week of the injunction hearing.

813.1285(2)(c)3.3. If, under par. (b), the petitioner indicates that the respondent possesses a firearm or if the court is not satisfied under subd. 1. that the respondent does not possess a firearm, the court shall schedule a hearing to surrender firearms to occur within one week of the injunction hearing. The court shall do one of the following:

813.1285(2)(c)3.a.a. Continue the stay under par. (a) of the injunction and issue a surrender and extend order.

813.1285(2)(c)3.b.b. Lift the stay of the injunction.

813.1285(2)(c)4.4. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

813.1285(3)(3) Surrender of firearms.

813.1285(3)(a)(a) Unless the court has noted another reason that is relevant to the surrender of firearms that would require the hearing to surrender firearms to occur, the court shall dismiss the hearing to surrender firearms scheduled under sub. (2) (c) 2. or 3. if the respondent surrenders his or her firearm in one of the following manners:

813.1285(3)(a)1.1. The respondent surrenders his or her firearm to another person and all of the following apply:

813.1285(3)(a)1.a.a. The respondent and the person to whom the respondent is surrendering his or her firearm appear at the injunction hearing.

813.1285(3)(a)1.b.b. At the injunction hearing, the person testifies under oath that the person has received the firearms listed on the respondent’s firearm possession form.

813.1285(3)(a)1.c.c. At the injunction hearing, the court determines that the person is not prohibited from possessing a firearm.

813.1285(3)(a)1.d.d. The court informs the person to whom the firearm is surrendered of the requirements and penalties under s. 941.2905.

813.1285(3)(a)1.e.e. The court, after considering all relevant factors and any input from the petitioner, approves the surrender of the firearm.

813.1285(3)(a)1.f.f. The court does not use the process under subd. 3.

813.1285(3)(a)2.2. The respondent surrenders his or her firearm to a sheriff no later than 48 hours after the injunction hearing ordering the respondent to surrender his or her firearm and provides a copy of the receipt to the clerk of courts as provided in sub. (6) (b).

813.1285(3)(a)3.3. The respondent surrenders his or her firearm to a sheriff as provided under subd. 2., and a person who appeared at the injunction hearing takes possession of the firearm from the sheriff, if all of the following apply:

813.1285(3)(a)3.a.a. Subdivision 1. d. and e. apply.

813.1285(3)(a)3.b.b. The sheriff determines that the person is not prohibited from possessing a firearm.