AB 10

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 the circumstances in which a court has subject matter and

personal jurisdiction in certain actions for restraining orders or injunctions in cases

of domestic abuse, child or at-risk adult 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. An act or threat that occurred outside this state is part of an ongoing pattern

of harassment that has an adverse effect on the petitioner or a member of the

petitioner's family or household if, while the petitioner or a member of the

petitioner's family or household resides in this state, the respondent communicated

with the petitioner or his or her family or indicated a threat to the petitioner or to

a member of his or her family or household.

2. The petitioner or a member of the petitioner's family or household has sought

safety or protection in this state as a result of the respondent's actions or threats if,

while the petitioner or a member of the petitioner's family or household resides in

this state, the respondent communicated with the petitioner or his or her family or

indicated a threat to the petitioner, or a member of his or her family or household.

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.