If, under subd. 1. b.
, the court orders the respondent to surrender his or her firearms to the sheriff, the court shall issue a surrender and extend order.
If, under subd. 1. a.
, the court orders the respondent to surrender his or her firearms to a person who is not the sheriff, the court shall lift any stay of the injunction and dismiss the temporary restraining order.
If the firearm possession form indicates that 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 any stay of the injunction, and dismiss the temporary restraining order.
(5) Firearm possession form and petition for the return of firearms. 813.1285(5)(a)(a)
The director of state courts shall develop a firearm possession form. Any false information provided on the form by the respondent may be subject to a penalty of false swearing under s. 946.32
. The director of state courts shall ensure that the firearm possession form does all of the following:
Requires the respondent to list his or her name and address.
Includes space for the respondent's signature and date signed.
Requires the respondent to indicate whether he or she owns or possesses any firearm or has owned or possessed any firearm in the 6 months immediately preceding the issuance of the injunction, and, if the answer is yes, to list the quantity and the make and model of each firearm and to note whether the firearm was sold or surrendered and whether he or she has a receipt for the firearm sale or surrender.
The director of state courts shall develop a petition for the return of firearms in substantially the following form:
STATE OF WISCONSIN
IN CIRCUIT COURT FOR .... COUNTY
Petition to Return Firearm(s)
In re the Return of Firearms to (name of person required to surrender firearms in an injunction action)
Requesting person's information: date of birth, sex, race, height, weight, hair color, eye color, address, and phone number.
Under oath I state that:
1. The court issued an injunction against me on (date of injunction). The injunction was issued based on a:
Domestic Abuse petition.
Child Abuse petition.
2. The court ordered me to surrender any firearms I owned or had in my possession to:
the sheriff of this county.
the sheriff of the county in which I resided, which is (name of county).
to the following person (whether directly or indirectly through a sheriff):
3. I surrendered the following firearms as provided in item 2 and have attached a receipt from the sheriff or from the 3rd person (if the person did not provide a receipt, attach a description of the firearm(s)):
4. The injunction has (been vacated) (expired and has not been extended).
5. I (have) (have not) been convicted of a misdemeanor crime of domestic violence.
6. I (have) (have not) been convicted of a felony.
7. I am 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 a judge or family court commissioner is competent to grant relief.
I request that the court enter an order directing that the person named under item 2 return to me those firearms that were surrendered under the order of the court.
Subscribed and sworn to before me on (date)
(Signature of person requesting return of firearms)
(Signature of notary public, state of Wisconsin)
My commission expires on (date)
Dated this .... day of ...., .... (year)
1. Court - original 2. Petitioner in injunction action 3. Person to whom firearm(s) were surrendered
Within one business day after the court issues an order, extends or modifies a temporary restraining order, or stays or lifts a stay on an injunction under this section, the clerk of the circuit court shall send a copy of the order, the extension or modification, or the stay or lift to the sheriff or to any other local law enforcement agency that is the repository for such actions and that has jurisdiction over the premises of the petitioner.
No later than 24 hours after receiving the information under par. (a)
, the sheriff or other local law enforcement agency under par. (a)
shall enter the information concerning the order issued, the extension or modification, or the stay or lift of the injunction under par. (a)
into the transaction information for management of enforcement system. The sheriff or other local law enforcement agency shall also make available to other law enforcement agencies, through a verification system, the information received and entered under this paragraph. The information need not be maintained after the order or injunction is no longer in effect.
When a respondent surrenders a firearm under sub. (3) (a) 2.
or (4) (b) 2.
to a sheriff, the sheriff who is receiving the firearm shall prepare a receipt for each firearm surrendered to him or her. The receipt shall include the date on which the firearm was surrendered and the manufacturer, model, and serial number of the firearm surrendered to the sheriff and shall be signed by the respondent and by the sheriff to whom the firearm is surrendered.
The sheriff shall keep the original of a receipt prepared under par. (a)
and shall provide 2 copies of the receipt to the respondent. The respondent shall provide one copy of the receipt to the clerk of courts within 48 hours of the order to surrender firearms. When the firearm covered by the receipt is returned to the respondent under sub. (7)
, the sheriff shall surrender to the respondent the original receipt and all of his or her copies of the receipt.
A receipt prepared under par. (a)
is conclusive proof that the respondent owns the firearm for purposes of returning the firearm covered by the receipt to the respondent under sub. (7)
The sheriff may not enter any information contained on a receipt prepared under par. (a)
into any computerized or direct electronic data transfer system in order to store the information or, except as provided in par. (b)
, disseminate or provide access to the information.
A sheriff may store a firearm surrendered to him or her under sub. (3) (a) 2.
or (4) (b) 2.
in a warehouse that is operated by a public warehouse keeper licensed under ch. 99
. If a sheriff stores a firearm at a warehouse under this subdivision, the respondent shall pay the costs charged by the warehouse for storing that firearm.
If an injunction expires and is not extended, or an injunction is vacated, a sheriff may charge the respondent for any costs incurred 30 days after the injunction expires for storage of the firearm surrendered to the sheriff due to that injunction. A sheriff may dispose of a firearm surrendered to the sheriff due to that injunction 12 months after the injunction expires or is vacated and, if the sheriff disposes of the firearm, the sheriff may charge the respondent for the costs of disposal.
A firearm surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms and a judge or circuit court commissioner determines all of the following:
That the injunction has been vacated or has expired and not been extended.
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 court or commissioner shall use the information provided under s. 165.63
to aid in making the determination under this subdivision.
If a respondent surrenders a firearm under this section that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.2905
A respondent who violates an order described under sub. (1g) (a)
is subject to a fine of not more than $10,000 or imprisonment for not more than 9 months or both in addition to any other penalty to which he or she is subject.
History: 2013 a. 321
; 2017 a. 145
Global positioning system tracking. 813.129(1)(1)
If a person knowingly violates a temporary restraining order or injunction issued under s. 813.12
, in addition to other penalties provided in those sections, the court may report the violation to the department of corrections immediately upon the person's conviction and may order the person to submit to global positioning system tracking under s. 301.49
Before issuing an order under sub. (1)
, the court must find that the person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, weighing the following factors:
Whether the person has allegedly caused physical injury, intentionally abused pets or damaged property, or committed sexual assault, an act of strangulation or forcible entry to gain access to the petitioner.
Whether the person has threatened any individual, including the petitioner, with harm.
Whether the person has a history of improperly using or threatening to use a firearm or other dangerous weapon.
Whether the person has expressed suicidal ideation.
Whether the person has exhibited obsessive or controlling behavior toward the petitioner or any member of the petitioner's family, including stalking, surveillance, or isolation of the petitioner or any member of the petitioner's family.
Whether the person has a history of abusing alcohol or a controlled substance.
The court may request the department of corrections to provide a validated risk assessment of the person in order to make the findings required in sub. (2)
If a court enters an order under sub. (1)
, the court shall provide the person who petitioned for the restraining order or injunction with a referral to a domestic violence or sexual assault victim service provider.
If, after weighing the factors set forth under sub. (2)
, the court determines that a person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, and the court determines that another alternative, including imprisonment, is more likely to protect the person who petitioned for the restraining order or injunction, the court may not enter an order under sub. (1)
History: 2011 a. 266
; 2013 a. 20
Writ of ne exeat.
The court or a judge may grant the writ of ne exeat to prevent any defendant from going out of the state until the defendant shall give security. It may be granted at any time before judgment.
Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.13; 1993 a. 486
Same; when granted.
No writ of ne exeat shall be granted unless it appears to the court or judge by the complaint or an affidavit that grounds exist therefor; and the court or judge granting such writ shall direct to be endorsed thereon the penalty of the bond and security to be given by the defendant.
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.14.
Same; discharge of.
If the defendant shall satisfy the court or judge granting such writ that there is no reason for the defendant's restraint or shall give security for the performance of the judgment in the action, the writ shall be discharged.
Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.15; 1993 a. 486
A receiver may be appointed:
On the application of either party, when the applying party establishes an apparent right to or interest in property which is the subject of the action and which is in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially impaired.
By the judgment, or after judgment, to carry it into effect or to dispose of the property according to the judgment.
To preserve the property during the pendency of an appeal; or when an execution has been returned unsatisfied and the judgment debtor refuses to apply the judgment debtor's property in satisfaction of the judgment or in an action by a creditor under ch. 816
When a corporation has been dissolved or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights.
In accordance with the practice which obtained when the code of 1856 took effect except as otherwise provided in this chapter.
The receiver shall give to and file with the clerk of the court a bond, conditioned in the usual manner, with sureties to be approved by the judge making the appointment sufficient to cover all property likely to come into the receiver's hands.
If the person seeking the appointment of a receiver under sub. (1)
is a savings and loan association or savings bank supervised by the division of banking or a corporation supervised by the home loan bank board, federal office of thrift supervision, federal deposit insurance corporation, or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.
Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.16; 1991 a. 221
; 1993 a. 486
; 1995 a. 27
; 1999 a. 9
; 2003 a. 33
A court could appoint a receiver to accept mortgage payments after a foreclosure action was started when the plaintiff refused to accept them on the ground that it would be a waiver and the defendant claimed the right to make them on the ground that the defendant had no right to accelerate the note. American Medical Services, Inc. v. Mutual Federal Savings & Loan Ass'n, 52 Wis. 2d 198
, 188 N.W.2d 529
A receiver has a duty to a corporation subject to receivership and its creditors not to deal with receivership property to benefit itself. A consulting contract that was offered to the insolvent corporation's president was a corporate opportunity that the receiver improperly appropriated to itself when it took control of the corporation. Community National Bank v. Medical Benefit Administrators, LLC, 2001 WI App 98
, 242 Wis. 2d 626
, 626 N.W.2d 340