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If you need information on domestic violence, step by step procedures on filing restraining orders or injunctions or need forms to print out for your State just click on WomensLaw.org. under the blogroll.

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

Full Faith and Credit ( What is it?)

What is Full Faith and Credit? (Simply Stated)

A valid order of protection is enforceable where it is issued and in all other jurisdictions. This includes all 50 states, Indian tribal lands, the District of Columbia, the U.S. Virgin Islands, Puerto Rica,American Samoa, the Northern Mariana Islands and Guam.

Under the federal Violence Against Women Act (VOWA), jurisdictions must give full faith and credit to valid orders of protection issued by other jurisdictions.

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.

Wisconsin Help Lines

Oakwood Haven (LCO)

Domestic & Sexual Abuse Shelter

(715) 634-9360

Crisis Line

1-877-552-7474

Sawyer County Sexual Assault Advocate

Hayward WI

(715) 638-3451

CASDA Crisis Line Abuse Center

1-800-649-2921

Time Our Family Abuse

1-800-924-0556

Ladysmith, WI

(715) 532-7089

New Day Shelter

1-800-924-4132

Ashland

(715) 682-9565

Native American

1-800-236-7660

WI State Wide Shelter

(715) 588-7660

WI Coalition Against Domestic Violence

(608) 255-0539

WI Coalition Against Sexual Assault

(608) 257-1516

Stevens Point

1-800-472-3377

River Falls

1-800-338-2882

Monroe

1-800-836-9788

Milltown

1-800-261-7233

Bolton Refuge/Eau Claire

1-800-252-4357

Chippewa Falls

1-800-400-7020

People Against Violence/Beaver Dam

1-800-775-3785

Hopehouse

1-800-584-6794

 

 

 

Power and Control and the Law

Wisconsin State Statutes

Crimes of Physical Violence

940.19(1)-(6) Battery-Simple, Substantial, Aggravated

939.32(1)&(3) Attempted Battery

940.20(1m) Battery to Person Subject to restraining order or Tribal Order

940.21 Mayhem

940.23 Reckless injury

940.24 Injure by Negligent Handling Dangerous Weapon

Crimes of Sexual Violence

940.225(1) First degree sexual assault

940.225(2) Second Degree Sexual Assault

940.225(3) Third Degree Sexual Assault

940.225(3m) Fourth Degree Sexual Assault

Using Coercion & Threats

943.30 Threats to injure or accuse of crime

940.42-45 Intimidation of Victim/Witness

941.23 Carrying Concealed Weapon

946.31 & 939.30 Solicitation to Commit Perjury

Using Intimidation

940.32 Stalking

940.42-45 Intimidation of Victim/Witness

943.14 Criminal tresspass to Dwelling

947.013 Harrassment

941.24 Possession of Switchblade Knife

Using Emotional Abuse

941.30 Recklessly Endangering Safety

943.01 Damage of Property

947.013 Harassment

951.02 Mistreating Animals

Using Isolation

940.30 False Imprisonment

940.305 Taking Hostage

940.31 Kidnapping

943.14 Criminal Trespass to Dwelling

942.05 opening Letters

Minimizing Denying & Blaming

946.41 Resisting or Obstructing an Officer

947.01 Disorderly Conduct

Using Children

940.31 Kidnapping

940.32 Stalking

Ch.948 Crimes Against Children

948.31 Interference with Custody

Using Male Privilege

941.01 Negligent Operation of Vehicle

941.20 Endangering Safety by Use of Dangerous Weapon

931.30 Recklessly Endangering Safety

943.01 Criminal Damage of Property

Using Economic Abuse

943.20 Theft

943.38  Forgery

943.02 Arson

943.10 Burglary

943.32 Robbery

943.39(2) Fraudulent Writings

940.285 Abuse to Vulnerable Adult

The following crimes might fit any of the behaviors listed on the wheel:

Chapter 813 Violation of a restraining order, including foreign orders of protection

939.05 Parties to Crime

939.24 Criminal Recklessness

939.25 Criminal Negligence

939.30 Solicitation

939.31 Conspiracy

939.32 Attempting Crimes

939.46 Coercion

946.49 Bail Jumping

947.01 Disorderly Conduct

940.42-45 Intimidation of Victim/Witness

940.31 Stalking

947.013 Harassment

947.012 Unlawful Use of Telephone

947.0125 Unlawful use of Computerized Communication System

940.285 Abuse of Vulnerable Adult

943.30 Threats to Injure

 

Tempoary Restraining Orders

TEMPORARY RESTRAINING ORDER There are four types of Restraining orders 1.Domestic Abuse. 2. Harassment 3. Child Abuse. 4. Vulnerable Adult. A Temporary Restraining Order is a protection order by the court to provide immediate temporary relief to ensure safety. What type of relationship? The petitioner and the respondent are adult family members (spouse, parent, or person related by blood or adoption) or former spouse; adult with whom person has a child in common; adult with whom petitioner has or had a dating relationship (romantic and/or intimate social relationship); respondent is an adult caregiver to the adult petitioner and also, an adult guardian of a vulnerable adult may file for the petitioner if petitioner and respondent have one of the above relationships. What kind of crime? Intentional infliction of physical pain, injury or illness, intentional impairment of physical condition or violation of 1^st, 2^nd or 3^rd degree sexual assault, or damage to petitioner’s property that threat to engage in any of the above four behaviors/conduct. In addition, the TRO must allege imminent danger of harm. Where do I file? Call the Women’s Thunderbird House for more information