AB350,,49 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

AB350,,50 3. The judge finds by clear and convincing evidence that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB350,,51 (b) The judge may enter an injunction against only the respondent named in the petition.

AB350,,52 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under this subsection is effective for a period determined by the judge that is no longer than one year.

AB350,,53 2. When an injunction expires, the court shall extend the injunction, upon petition, for up to one year if the judge finds by clear and convincing evidence that the respondent is still substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB350,,54 (d) A respondent who is subject to an injunction issued under this subsection may request in writing a judge to vacate the injunction one time during any injunction period. If a respondent files a request under this paragraph, the petitioner shall be notified of the request before the judge considers the request. The judge shall vacate the injunction if the respondent demonstrates by clear and convincing evidence that the respondent is no longer substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB350,,55 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB350,,56 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

AB350,,57 1. The name of the petitioner and, unless the petitioner is a law enforcement officer, how the petitioner is a family or household member of the respondent.

AB350,,58 2. The name of the respondent.

AB350,,59 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB350,,60 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB350,,61 5. If requesting a temporary restraining order, evidence of an immediate and present danger that the respondent may injure himself or herself or another person if the respondent possesses a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

AB350,,62 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB350,,63 (c) Only the following persons may file a petition under this section:

AB350,,64 1. A law enforcement officer.

AB350,,65 2. A family or household member of the respondent.

AB350,,66 (5) Enforcement assistance. (a) 1. If a temporary restraining order is issued under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the clerk of the circuit court shall notify the department of justice of the action and shall provide the department of justice with information concerning the period during which the order or injunction is in effect or the date on which the injunction is vacated and with 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).

AB350,,67 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. 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).

AB350,,68 3. The department of justice shall disclose any information that it receives under subd. 1. to a law enforcement agency when the information is needed for law enforcement purposes.

AB350,,69 (b) Within one business day after a temporary restraining order is issued under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the clerk of the circuit court shall send a copy of the temporary restraining order, of the injunction, or of the order extending or vacating an injunction, to the sheriff or to any other local law enforcement agency that is the central repository for injunctions and that has jurisdiction over the petitioner’s premises.

AB350,,70 (c) No later than 24 hours after receiving the information under par. (b), the sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information concerning a temporary restraining order issued under sub. (2t) or concerning an injunction issued, extended, or vacated under sub. (3) into the transaction information for management of enforcement system. The sheriff or other appropriate local law enforcement agency shall also 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.

AB350,,71 (d) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

AB350,,72 2. If the respondent does not comply with an order issued at a hearing to surrender firearms, or a law enforcement officer has probable cause to believe that the respondent possesses a firearm, the law enforcement officer shall request a search warrant to seize the firearms and may use information contained in the petition to establish probable cause.

AB350,,73 (6) Penalty for false swearing. Whoever files a petition under this section knowing the information in the petition to be false is subject to the penalty for false swearing under s. 946.32 (1).

AB350,,74 (7) Return of firearms and form. (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 under par. (c) and a judge or circuit court commissioner determines all of the following:

AB350,,75 1. If a temporary restraining order was issued, that the temporary restraining order has expired and no injunction has been issued.

AB350,,76 2. If an injunction was issued, that the injunction has been vacated or has expired and not been extended.

AB350,,77 3. 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 judge or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.