806.247 Full faith and credit for foreign protection orders. - Wisconsin Statutes

806.247

806.247 Full faith and credit for foreign protection orders.

806.247(1)

(1) Definitions. In this section:

806.247(1)(a)

(a) "Bodily harm" has the meaning given in s. 939.22 (4).

806.247(1)(b)

(b) "Foreign protection order" means any temporary or permanent injunction or order of a civil or criminal court of the United States, of an Indian tribe or of any other state issued for preventing abuse, bodily harm, communication, contact, harassment, physical proximity, threatening acts or violence by or to a person, other than support or custody orders.

806.247(2)

(2) Status of a foreign protection order.

806.247(2)(a)

(a) A foreign protection order shall be accorded full faith and credit by the courts in this state and shall be enforced as if the order were an order of a court of this state if the order meets all of the following conditions:

806.247(2)(a)1.

1. The foreign protection order was obtained after providing the person against whom the protection order was sought a reasonable notice and opportunity to be heard sufficient to protect his or her right to due process. If the foreign protection order is an ex parte injunction or order, the person against whom the order was obtained shall have been given notice and an opportunity to be heard within a reasonable time after the order was issued sufficient to protect his or her right to due process.

806.247(2)(a)2.

2. The court that issued the order had jurisdiction over the parties and over the subject matter.

806.247(2)(b)

(b) A foreign protection order issued against the person who filed a written pleading with a court for a protection order is not entitled to full faith and credit under this subsection if any of the following occurred:

806.247(2)(b)1.

1. No written pleading was filed seeking the foreign protection order against that person.

806.247(2)(b)2.

2. A cross or counter petition was filed but the court did not make a specific finding that each party was entitled to a foreign protection order.

806.247(3)

(3) Filing of a foreign protection order.

806.247(3)(a)

(a) A copy of any foreign protection order, or of a modification of a foreign protection order that is on file with the circuit court, that is authenticated in accordance with an act of congress, an Indian tribal legislative body or the statutes of another state may be filed in the office of the clerk of circuit court of any county of this state. The clerk shall treat any foreign protection order or modification so filed in the same manner as a judgment of the circuit court.

806.247(3)(b)

(b) Within one business day after a foreign protection order or a modification of a foreign protection order is filed under this subsection, the clerk of circuit court shall send a copy of the foreign protection order or modification of the order to the sheriff in that circuit or to the local law enforcement agency that is the central repository for orders and injunctions in that circuit.

806.247(3)(c)

(c) The sheriff or law enforcement agency that receives a copy of a foreign protection order or of a modification of an order from the clerk under par. (b) shall enter the information received concerning the order or modification of an order into the transaction information for management of enforcement system no later than 24 hours after receiving the information. The sheriff or law enforcement agency shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or modification of an order filed under this subsection. The information need not be maintained after the order or modification is no longer in effect.

806.247 - ANNOT.

History: 1995 a. 306.