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 The information need not be maintained after the order or modification is no longer in effect.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 History History: 2017 a. 181.

813.1285 813.1285 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.