Byline: WISCONSIN LAW JOURNAL STAFF
Wisconsin Court of Appeals
Remedies -- harassment orders -- competency
Where the circuit court twice adjourned a hearing on issuance of a restraining order, the court lost competency to proceed.
"WISCONSIN STAT. s. 813.125(3)(c) states as relevant: The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4). A judge or circuit court commissioner shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence. (Emphasis added.) The statute explicitly says that a temporary restraining order can be extended 'once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order.' Id. (emphasis added). '"It is an elementary rule of construction that effect must be given, if possible, to every word, clause, and sentence of a statute."' State v. Quintana, 2008 WI 33, [paragraph]60, 308 Wis. 2d 615, 748...