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Domestic Violence & Guns

Civil Restraining Orders/Injunctions

In Wisconsin, there are two provisions available to prevent an intimate partner from having a gun. If it will make you safer, you can ask the court to order a partner to surrender his gun/guns or to use a protective order to stop him.her from buying or possessing a gun.

Temporary:  In Wisconsin, if you file a domestic abuse temporary restraining order, the court may include any “appropriate remedy.”¹ Therefore, in your petition for a hearing, you should tell the court if your partner has a gun or has threatened you with one, and ask the court to stop your partner from purchasing or possessing firearms.

Final: Wisconsin domestic abuse restraining order law says that under a “final” order/injunction must surrender their firearms and may not possess a gun.² The Wisconsin harassment restraining order law also allows you to request the surrender of firearms.³

Federal law also says that anyone under a “final” order may not possess a gun.* In your petition, you can ask the court to use its authority under Wisconsin law to protect you and your family and to remind your partner verbally about the federal prohibition against possession of firearms.*

After a criminal Conviction

Wisconsin state law does not specifically address the issue of guns and domestic violence convictions. However, federal law says that if your partner is convicted of any felony or a misdemeanor crime of domestic violence, it is illegal for him to obtain or possess a gun.*

(¹ WI ST 813.12//.//² WI ST 813.12(4)(m) and WI ST 941.29// ³ WI ST 813.125(4)(m)//* 18 U.S.C. § 922(g)(8)//* 18 U.S.C. § 921 (a)(33)(A) and 18 U.S.C. § 922(g)(9). The crime need not specifically fall under a domestic violence statute-any assault or battery against a domestic partner is enough, See U.S. v. Ball, 7 Fed. Appx. 210 (4th Cir. Apr. 4, 2001), cert. denied 122 S. Ct. 226(2002) and U.S. v. Barnes, 295 F.#d 1354 (DC Cir. 2002).

Information accurate as of June 2003

Wisconsin Coalition Against Domestic Violence

Model Tribal Domestic Violence Full Faith and Credit Ordinance

Draft

Purpose

It is the purpose of this chapter to ensure that domestic violence protection orders issued by other jurisdictions, including tribal and state courts, be honored and enforced by the courts of the _______Indian tribe as well as tribal law enforcement. The tribe finds that federal law, 18 U.S.C. & sect; 2265, requires state and tribal courts to honor protection orders entered by each court. To implement this section of federal law, and to assure protection for victims of domestic violence within the_______Indian reservation this chapter is being enacted. The problem of domestic violence and stalking on the _______Indian Reservation is seriously impacting the ability of the tribe to provide for health and well-being of its tribal members and threatens the political integrity of the Tribe because of its serious impact upon victims and their families to function in their respective tribal communities. This ordinance is enacted pursuant to the inherent, sovereign right of tile______Tribe to enact ordinances for the welfare and protection of all persons on the _____Indian reservation and it is intended to apply all acts of domestic violence and violations of protection orders within the exterior boundaries of the ______Indian reservation and all trusts lands and dependent Indian communities that lie outside the exterior boundaries of the reservation.

Definitions

1. Ex Parte Protection Order-a temporary order issued by a tribal or state court which restrains any person, Indian or non-Indian, from harassing, annoying, stalking, contacting, or coming within a certain proximity to another person issued by a court with jurisdiction over the person restrained and subject matter jurisdiction. The order shall also provide for an opportunity for a restrained person to be heard before the issuance of a permanent order for protection.
2. Permanent Order of Protection- an order issued by a tribal or state court which restrains any person, Indian or non-Indian, either permanently or for  a specified period of time, for harassing, annoying, stalking, contacting, or coming within a certain proximity to another person issued be a court with jurisdiction over the person restrained and subject matter jurisdiction. The order may be the result of a civil protection order proceeding or the result of an order arising from a criminal prosecution against a person.
3. Mutual Protection Order-an order issued be a tribal or state court which restrains both parties to a proceeding from harassing, annoying, stalking, contacting or coming within a certain proximity to another person(s). In order to be enforced by a court of this Tribe, a mutual protection order must be a result of both parties to a proceeding filing separate protection order petitions and the issuing Court finding that each persons to a mutual protection order have committed an act of domestic violence under the laws of the issuing jurisdiction.
4. Issuing Court-a tribe or state court that issues an ex-parte or permanent order of protection against a person.
5. Enforcing Court-a tribal or state court that recognizes and enforces as ex-parte or permanent order of protection against a person issued by another tribal or state court.
6. Full Faith and Credit-the act of enforcing an ex-parte or permanent order of protection from another tribal or state court as if it were the order of the tribal court of the _______Tribe. In enforcing said order of protection, the enforcing court and its law enforcement agencies shall apply all laws and ordinances, including mandatory arrest for violations of protection orders, that the enforcing court has in existence at the time enforcement of the foreign protection is sought. Registration of the protection order is not a prerequisite to enforcement under this paragraph.
7. Registration-the act of filing a protection order issued by another tribal or state court with the tribal court of the _____Tribe or with the law enforcement agencies of the____________.
8. Central registry of protection orders-a list of protection orders issued by the state and tribal courts either maintained by the state or some Tribal entity, which contains verifiable methods of identifying the existence of protection orders to be enforced under federal law, 18 U.S.C. & sect; 2265, and the person against whom the protection order is enforceable.

Legal Advice

Sawyer County District Attorney

(715) 634-4097

State Public Defenders

(715) 635-3770

Judicare Service (low Income)

800-472-1638

Lawyer Referral

800-362-9082