Bills · 2011-2012 Regular Session
jurisdiction in matters relating to domestic abuse restraining orders and injunctions, child abuse restraining orders and injunctions, and harassment restraining orders and injunctions.
- Introduced, stopped here
- Passes Senate, not reached
- Passes Assembly, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Under current law, a court may entertain a civil action only when the court has
jurisdiction over the subject matter of the action and over the persons who are served
in the action. Jurisdiction is conferred by the U.S. Constitution, the Wisconsin
Constitution, and by statute.
This bill clarifies when a court has subject matter and personal jurisdiction in
certain actions for restraining orders or injunctions in cases of domestic abuse, child
abuse, or harassment. Under the bill, a court has jurisdiction of the subject matter
to entertain those actions regardless of whether the alleged abuse or harassment
occurred within the state. Under the bill, a court has personal jurisdiction over a
person who is in another state if any of the following applies:
1. The abuse or harassment has an effect in Wisconsin.
2. A petition for a restraining order or injunction has been filed in Wisconsin
and the person does not appear, respond, or file a response or motion asserting lack
of jurisdiction as a defense.
3. If the petitioner or the person resides in Wisconsin or the petitioner is
temporarily living in Wisconsin and the abuse or harassment has an effect in
Wisconsin.
4. Jurisdiction is otherwise permitted under the U.S. Constitution or the
Wisconsin Constitution.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Introduced by: Carpenter (D) , Harsdorf (R) , Kedzie (R) , Wanggaard (R)
22 cosponsors
A. Ott (R) , Ballweg (R) , Brooks (R) , Danou (D) , Jacque (R) , Kaufert (R) , Kerkman (R) , Kleefisch (R) , Krug (R) , Loudenbeck (R) , Milroy (D) , Nass (R) , Nygren (R) , Petrowski (R) , Pocan (D) , Roys (D) , Spanbauer (R) , Steineke (R) , Strachota (R) , T. Larson (R) , Van Roy (R) , Wynn (R)
Votes
Senate: Report adoption of Senate Amendment 1 recommended by committee on Labor, Public Safety, and Urban Affairs, Ayes 4, Noes 1
Passed 4–1 Jan 17, 2012 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Sep 7, 2011 · Senate
Introduced by Senators Wanggaard, Kedzie, Carpenter and Harsdorf;Cosponsored by Representatives Loudenbeck, Roys, Steineke, Nass, Petrowski, A. Ott, Pocan, Danou, Wynn, Brooks, Milroy, Strachota, Nygren, Kerkman, Jacque, Spanbauer, Krug, T. Larson, Kaufert, Ballweg, Van Roy and Kleefisch
- Sep 7, 2011 · Senate
Read first time and referred to committee on Labor, Public Safety, and Urban Affairs
- Sep 29, 2011 · Senate
Fiscal estimate received
- Sep 29, 2011 · Senate
Public hearing held
- Jan 6, 2012 · Senate
Senate amendment 1 offered by Senator Wanggaard
- Jan 10, 2012 · Senate
Executive action taken
- Jan 17, 2012 · Senate
Report adoption of Senate Amendment 1 recommended by committee on Labor, Public Safety, and Urban Affairs, Ayes 4, Noes 1
- Jan 17, 2012 · Senate
Report passage as amended recommended by committee on Labor, Public Safety, and Urban Affairs, Ayes 4, Noes 1
- Jan 17, 2012 · Senate
Available for scheduling
- Mar 23, 2012 · Senate
Failed to pass pursuant to Senate Joint Resolution 1