AB68-SSA1,1422,87
3. A person who resides with, or within the 6 months before filing a petition,
8had resided with, the respondent.
AB68-SSA1,1422,99
4. A domestic partner under ch. 770 of the respondent.
AB68-SSA1,1422,1210
5. A person who is acting or has acted as the respondent's legal guardian or who
11is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
12respondent.
AB68-SSA1,1422,1513
6. A person for whom the respondent is acting or has acted as a legal guardian
14or for whom the respondent is or was the foster parent or other physical custodian
15described in s. 48.62 (2).
AB68-SSA1,1422,1616
(b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB68-SSA1,1422,1717
(c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
AB68-SSA1,1423,10
18(2) Commencement of action and response. (a) No action under this section
19may be commenced by complaint and summons. An action under this section may
20be commenced only by a petition described under sub. (4) (a). The action commences
21with the sheriff serving the petition on the respondent if a copy of the petition is filed
22before service or promptly after service. If the petitioner files an affidavit with the
23court stating that personal service by the sheriff under s. 801.11 (1) (a) or (b) was
24unsuccessful because the respondent is avoiding service by concealment or
25otherwise, the judge or circuit court commissioner shall inform the petitioner that
1the petitioner may serve the respondent by publication of a summary of the petition
2as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the
3respondent's post-office address or facsimile number is known or can with due
4diligence be ascertained. The mailing or sending of a facsimile may be omitted if the
5post-office address or facsimile number cannot be ascertained with due diligence.
6A summary of the petition published as a class 1 notice shall include the name of the
7respondent and of the petitioner, notice of the temporary restraining order, and
8notice of the date, time, and place of the hearing regarding the injunction. The court
9shall inform the petitioner in writing that the petitioner should contact the sheriff
10to verify the proof of service of the petition.
AB68-SSA1,1423,1311
(b) Section 813.06 does not apply to an action under this section. The
12respondent may respond to the petition either in writing before or at the injunction
13hearing or orally at the injunction hearing.
AB68-SSA1,1423,1614
(c) When the respondent is served with the petition under this subsection, the
15respondent shall be provided notice of the requirements and penalties under s.
16941.29.
AB68-SSA1,1423,23
17(2m) Two-part procedure. Procedure for an action under this section is in 2
18parts. First, if the petitioner requests a temporary restraining order, the court shall
19issue or refuse to issue that order. Second, the court shall hold a hearing on whether
20to issue an injunction, which is the final relief, under sub. (3). If the court issues a
21temporary restraining order, the order shall set forth the date for the hearing on an
22injunction. If the court does not issue a temporary restraining order, the date for the
23hearing shall be set upon motion by either party.
AB68-SSA1,1424,4
24(2t) Temporary restraining order. (a) A judge or circuit court commissioner
25shall issue a temporary restraining order prohibiting the respondent from
1possessing a firearm and ordering the respondent to surrender all of the firearms in
2the respondent's possession if the judge or circuit court commissioner finds
3reasonable grounds that the respondent is substantially likely to injure the
4respondent or another person if the respondent possesses a firearm.
AB68-SSA1,1424,55
(am) The order issued under par. (a) shall require one of the following:
AB68-SSA1,1424,116
1. If the respondent is present at the hearing, the respondent to immediately
7surrender all firearms in the respondent's possession to the sheriff of the county in
8which the action under this section was commenced or to the sheriff of the county in
9which the respondent resides. The sheriff to whom the firearms are surrendered
10may, at the request of the respondent, arrange for the transfer or sale of the firearms
11to a firearms dealer.
AB68-SSA1,1424,1212
2. One of the following:
AB68-SSA1,1424,1713
a. If the respondent is not present at the hearing and the sheriff personally
14serves the respondent with the order issued under par. (a), the sheriff to require the
15respondent to immediately surrender all firearms in the respondent's possession.
16The sheriff may, at the request of the respondent, arrange for the transfer or sale of
17the firearms to a firearms dealer.
AB68-SSA1,1424,2418
b. If the respondent is not present at the hearing and the sheriff does not
19personally serve the respondent with the order issued under par. (a), the respondent
20to, within 24 hours of service, surrender all firearms in the respondent's possession
21to the sheriff or transfer or sell all firearms in the respondent's possession to a
22firearms dealer. Within 48 hours of service, the respondent shall file with the court
23that issued the order under par. (a) a receipt from the sheriff or firearms dealer
24indicating that the respondent surrendered the firearms.
AB68-SSA1,1425,2
1(an) 1. The court may schedule a hearing to surrender firearms for any reason
2relevant to the surrender of firearms.
AB68-SSA1,1425,73
2. If the respondent does not comply with par. (am) or, if applicable, an order
4issued at a hearing to surrender firearms, or a law enforcement officer has probable
5cause to believe that the respondent possesses a firearm, the law enforcement officer
6shall request a search warrant to seize the firearms and may use information
7contained in the petition to establish probable cause.
AB68-SSA1,1425,108
(b) Notice need not be given to the respondent before issuing a temporary
9restraining order under this subsection. A temporary restraining order may be
10entered only against the respondent named in the petition.
AB68-SSA1,1425,1811
(c) A temporary restraining order issued under this subsection is in effect until
12a hearing is held on issuance of an injunction under sub. (3). A judge shall hold a
13hearing on issuance of an injunction under sub. (3) within 14 days after the
14temporary restraining order is issued, unless the time is extended once for up to 14
15days upon the written consent of the parties or upon a finding that the respondent
16has not been served with a copy of the temporary restraining order although the
17petitioner has exercised due diligence. A judge may not extend the temporary
18restraining order in lieu of ruling on the issuance of an injunction.
AB68-SSA1,1425,2319
(d) The judge or circuit court commissioner shall advise the petitioner of the
20right to serve the respondent the petition by published notice if with due diligence
21the respondent cannot be served as provided under s. 801.11 (1) (a) or (b). The clerk
22of the circuit court shall assist the petitioner with the preparation of the notice and
23filing of the affidavit of printing.
AB68-SSA1,1426,2
24(3) Injunction. (a) A judge may grant an injunction prohibiting the respondent
25from possessing a firearm and, if the respondent was not subject to a temporary
1restraining order under sub. (2t), ordering the respondent to surrender all firearms
2in the respondent's possession if all of the following occur:
AB68-SSA1,1426,43
1. The petitioner files a petition alleging the elements set forth under sub. (4)
4(a).
AB68-SSA1,1426,85
2. The petitioner serves upon the respondent a copy or summary of the petition
6and notice of the time for hearing on the issuance of the injunction, or the respondent
7serves upon the petitioner notice of the time for hearing on the issuance of the
8injunction.
AB68-SSA1,1426,119
3. The judge finds by clear and convincing evidence that the respondent is
10substantially likely to injure himself or herself or another person if the respondent
11possesses a firearm.
AB68-SSA1,1426,1312
(b) The judge may enter an injunction only against the respondent named in
13the petition.
AB68-SSA1,1426,1614
(c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
15this subsection is effective for a period determined by the judge that is no longer than
16one year.
AB68-SSA1,1426,2017
2. When an injunction expires, the court shall extend the injunction, upon
18petition, for up to one year if the judge finds by clear and convincing evidence that
19the respondent is still substantially likely to injure himself or herself or another
20person if the respondent possesses a firearm.
AB68-SSA1,1427,221
(d) A respondent who is subject to an injunction issued under this subsection
22may request in writing a judge to vacate the injunction one time during any
23injunction period. If a respondent files a request under this paragraph, the
24petitioner shall be notified of the request before the judge considers the request. The
25judge shall vacate the injunction if the respondent demonstrates by clear and
1convincing evidence that the respondent is no longer substantially likely to injure
2himself or herself or another person if the respondent possesses a firearm.