SB70-SSA2-SA2,313,55 1. A person related by blood, adoption, or marriage to the respondent.
SB70-SSA2-SA2,313,76 2. A person with whom the respondent has or had a dating relationship, as
7defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.
SB70-SSA2-SA2,313,98 3. A person who resides with, or within the 6 months before filing a petition,
9had resided with, the respondent.
SB70-SSA2-SA2,313,1010 4. A domestic partner under ch. 770 of the respondent.
SB70-SSA2-SA2,313,1311 5. A person who is acting or has acted as the respondent's legal guardian or who
12is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
13respondent.
SB70-SSA2-SA2,313,1614 6. A person for whom the respondent is acting or has acted as a legal guardian
15or for whom the respondent is or was the foster parent or other physical custodian
16described in s. 48.62 (2).
SB70-SSA2-SA2,313,1717 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB70-SSA2-SA2,313,1818 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
SB70-SSA2-SA2,313,21 19(2) Commencement of action and response. No action under this section may
20be commenced by complaint and summons. An action under this section may be
21commenced only by a petition described under sub. (4) (a).
SB70-SSA2-SA2,313,22 22(2m) Procedure. Procedure for an action under this section is as follows:
SB70-SSA2-SA2,314,723 (a) If the petitioner requests an extreme risk protection temporary restraining
24order, the court shall consider the request as provided under sub. (2t). If the court
25issues a temporary restraining order, the court shall set forth the date, which must

1be within 14 days of issuing the temporary restraining order, for the hearing on the
2injunction and shall forward a copy of the temporary restraining order, the
3injunction hearing date, and the petition to the appropriate law enforcement agency
4with jurisdiction over the respondent's residence. The law enforcement agency shall
5immediately, or as soon as practicable, serve it on the respondent. If personal service
6cannot be effected upon the respondent, the court may order other appropriate
7service.
SB70-SSA2-SA2,314,158 (b) The court shall hold a hearing under sub. (3) on whether to issue an extreme
9risk protection injunction, which is the final relief. If there was no temporary
10restraining order, the respondent shall be served notice of the petition by a law
11enforcement officer and the date for the hearing shall be set upon motion by either
12party. If personal service cannot be effected upon the respondent, the court may
13order other appropriate service. The service shall include the name of the respondent
14and of the petitioner, and, if known, notice of the date, time, and place of the
15injunction hearing.
SB70-SSA2-SA2,314,1716 (c) When the respondent is served under this subsection, the respondent shall
17be provided notice of the requirements and penalties under s. 941.29.
SB70-SSA2-SA2,314,21 18(2t) Extreme risk protection temporary restraining order. (a) A judge shall
19issue an extreme risk protection temporary restraining order under this subsection
20prohibiting the respondent from possessing a firearm and ordering the respondent
21to surrender all firearms in the respondent's possession if all of the following occur:
SB70-SSA2-SA2,315,222 1. A petitioner files a petition alleging the elements under sub. (4) (a), and
23requests a temporary restraining order. The petition requesting a temporary
24restraining order shall be heard by the court in an expedited manner. The court shall

1examine under oath the petitioner and any witness the petitioner may produce or
2may rely on an affidavit submitted in support of the petition.
SB70-SSA2-SA2,315,33 2. The judge finds all of the following:
SB70-SSA2-SA2,315,44 a. Substantial likelihood that the petition for an injunction will be successful.
SB70-SSA2-SA2,315,85 b. Good cause to believe that there is an immediate and present danger that
6the respondent may injure himself or herself or another person if the respondent
7possesses a firearm and that waiting for the injunction hearing may increase the
8immediate and present danger.
SB70-SSA2-SA2,315,139 (b) A temporary restraining order issued under this subsection shall remain
10in effect until a hearing is held on issuance of an injunction under sub. (3). Notice
11need not be given to the respondent before issuing a temporary restraining order
12under this subsection. A temporary restraining order may be entered against only
13the respondent named in the petition and may not be renewed or extended.
SB70-SSA2-SA2,315,1514 (c) A temporary restraining order issued under this subsection shall inform the
15respondent named in the petition of the requirements and penalties under s. 941.29.
SB70-SSA2-SA2,315,1716 (d) The temporary restraining order issued under this subsection shall require
17one of the following:
SB70-SSA2-SA2,315,2018 1. If a law enforcement officer is able to personally serve the respondent with
19the order, the officer to require the respondent to immediately surrender all firearms
20in the respondent's possession.
SB70-SSA2-SA2,316,621 2. If a law enforcement officer is not able to personally serve the respondent
22with the order, the respondent to, within 24 hours of service, surrender all firearms
23in the respondent's possession to a law enforcement officer or transfer or sell all
24firearms in the respondent's possession to a firearms dealer. Within 48 hours of
25service, the respondent shall file with the court that issued the order under this

1subsection a receipt indicating that the respondent surrendered, transferred, or sold
2the firearms. The receipt must include the date on which each firearm was
3surrendered, transferred, or sold and the manufacturer, model, and serial number
4of each firearm and must be signed by either the law enforcement officer to whom the
5firearm was surrendered or the firearms dealer to whom the firearm was transferred
6or sold.
SB70-SSA2-SA2,316,12 7(3) Extreme risk protection injunction. (a) The court shall hold a hearing on
8whether to issue an extreme risk protection injunction, which is the final relief. At
9the hearing, a judge may grant an injunction prohibiting the respondent from
10possessing a firearm and, if there was no temporary restraining order under sub. (2t),
11ordering the respondent to surrender all firearms in the respondent's possession if
12all of the following occur:
SB70-SSA2-SA2,316,1413 1. The petitioner files a petition alleging the elements set forth under sub. (4)
14(a).
SB70-SSA2-SA2,316,1815 2. The petitioner serves upon the respondent a copy or summary of the petition
16and notice of the time for hearing on the issuance of the injunction, or the respondent
17serves upon the petitioner notice of the time for hearing on the issuance of the
18injunction.
SB70-SSA2-SA2,316,2119 3. The judge finds by clear and convincing evidence that the respondent is
20substantially likely to injure himself or herself or another person if the respondent
21possesses a firearm.
SB70-SSA2-SA2,316,2322 (b) The judge may enter an injunction against only the respondent named in
23the petition.
SB70-SSA2-SA2,317,3
1(c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
2this subsection is effective for a period determined by the judge that is no longer than
3one year.