Bills · 2013-2014 Regular Session
Relating to: jurisdiction in matters relating to domestic abuse restraining orders and injunctions, child abuse restraining orders and injunctions, and harassment restraining orders and injunctions. (FE)
Children — Abuse and neglect Children — Protection and services Court — Procedure Interstate relations Women
- 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 alleged in the action could have an effect in
Wisconsin.
2. The petitioner or alleged child victim resides or is living temporarily in
Wisconsin.
3. Jurisdiction is otherwise permissible under the constitution of the United
States or of the state of Wisconsin.
If a court has personal jurisdiction on any of the listed grounds and a
respondent has been served but does not appear or file a response or motion asserting
the defense of lack of personal jurisdiction, the bill requires the court to hear the
action.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Introduced by: Carpenter (D) , Gudex (R) , Hansen (D) , Harsdorf (R) , Jauch (D) , Kedzie (R) , Lassa (D) , Lehman (D) , Moulton (R) , Olsen (R) , Petrowski (R) , Risser (D) , Shilling (D)
29 cosponsors
A. Ott (R) , Ballweg (R) , Berceau (D) , Bernard Schaber (D) , Bies (R) , Billings (D) , Born (R) , Brooks (R) , Endsley (R) , Hebl (D) , Hintz (D) , Jacque (R) , Kerkman (R) , Kleefisch (R) , Loudenbeck (R) , Marklein (R) , Murphy (R) , Mursau (R) , Ohnstad (D) , Pridemore (R) , Richards (D) , Ripp (R) , Schraa (R) , Steineke (R) , Strachota (R) , Swearingen (R) , T. Larson (R) , Tittl (R) , Wright (D)
Votes
Senate: Report adoption of Senate Amendment 1 recommended by Committee on Transportation, Public Safety, and Veterans and Military Affairs, Ayes 5, Noes 0
Passed 5–0 Nov 6, 2013 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Senate: Report passage as amended recommended by Committee on Transportation, Public Safety, and Veterans and Military Affairs, Ayes 5, Noes 0
Passed 5–0 Nov 6, 2013 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Apr 25, 2013 · Senate
Introduced by Senators Harsdorf, Kedzie, Carpenter, Gudex, Hansen, Jauch, Lassa, Lehman, Moulton, Olsen, Petrowski, Risser and Shilling; cosponsored by Representatives Loudenbeck, Ballweg, Berceau, Bernard Schaber, Bies, Billings, Born, Brooks, Endsley, Hebl, Hintz, Jacque, Kerkman, Kleefisch, T. Larson, Marklein, Murphy, Mursau, Ohnstad, A. Ott, Pridemore, Richards, Ripp, Schraa, Steineke, Strachota, Tittl, Wright and Swearingen
- Apr 25, 2013 · Senate
Read first time and referred to Committee on Transportation, Public Safety, and Veterans and Military Affairs
- Sep 5, 2013 · Senate
Public hearing held
- Nov 4, 2013 · Senate
Senate Amendment 1 offered by Senator Harsdorf
- Nov 6, 2013 · Senate
Executive action taken
- Nov 6, 2013 · Senate
Report adoption of Senate Amendment 1 recommended by Committee on Transportation, Public Safety, and Veterans and Military Affairs, Ayes 5, Noes 0
- Nov 6, 2013 · Senate
Report passage as amended recommended by Committee on Transportation, Public Safety, and Veterans and Military Affairs, Ayes 5, Noes 0
- Nov 6, 2013 · Senate
Available for scheduling
- Jan 14, 2014 · Senate
Fiscal estimate received
- Apr 8, 2014 · Senate
Failed to pass pursuant to Senate Joint Resolution 1