Bills · 2015-2016 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 Court — Procedure Interstate relations Women Women_owned enterprise
- 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 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 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.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Introduced by: Erpenbach (D) , Gudex (R) , Harsdorf (R) , L. Taylor (D) , Marklein (R) , Moulton (R) , Nass (R) , Olsen (R) , Petrowski (R) , Vinehout (D) , Wanggaard (R)
40 cosponsors
Ballweg (R) , Bernier (R) , Billings (D) , Born (R) , Bowen (D) , Czaja (R) , Doyle (D) , E. Brooks (R) , Hintz (D) , Hutton (R) , Jacque (R) , Jagler (R) , Johnson (D) , Kahl (D) , Kerkman (R) , Kleefisch (R) , Kremer (R) , Loudenbeck (R) , Murphy (R) , Mursau (R) , Neylon (R) , Ohnstad (D) , Petersen (R) , Ripp (R) , Rodriguez (R) , Rohrkaste (R) , Sargent (D) , Sinicki (D) , Spiros (R) , Spreitzer (D) , Steffen (R) , Steineke (R) , Subeck (D) , Swearingen (R) , T. Larson (R) , Thiesfeldt (R) , Tittl (R) , Tranel (R) , Weatherston (R) , Zamarripa (D)
Full history
- Jan 23, 2015 · Senate
Introduced by Senators Wanggaard, Harsdorf, Petrowski, Erpenbach, Gudex, Marklein, Moulton, Nass, Olsen, Vinehout and L. Taylor; cosponsored by Representatives Loudenbeck, Jacque, Ballweg, Billings, Born, Czaja, Doyle, Hintz, Hutton, Jagler, Johnson, Kahl, Kerkman, Kleefisch, Kremer, Murphy, Mursau, Neylon, Ohnstad, Petersen, Ripp, Rodriguez, Rohrkaste, Sargent, Spreitzer, Spiros, Steffen, Subeck, Thiesfeldt, Tittl, Weatherston, Bernier, Bowen, E. Brooks, T. Larson, Sinicki, Steineke, Swearingen, Tranel and Zamarripa
- Jan 23, 2015 · Senate
Read first time and referred to Committee on Judiciary and Public Safety
- Feb 11, 2015 · Senate
Public hearing held
- Feb 11, 2015 · Senate
Fiscal estimate received
- Mar 13, 2015 · Senate
LRB correction
- Apr 13, 2016 · Senate
Failed to pass pursuant to Senate Joint Resolution 1