Wis JI-Criminal 2042

Statutory Definition of the Crime

Violating a foreign protection order, as defined in § 813.128 of the Wisconsin

Statutes, is committed by one who knowingly violates a condition of a foreign protection

order that is entitled to full faith and credit under § 806.247. 1

State's Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following four elements

were present.

Elements of the Crime That the State Must Prove

1. A foreign protection order was issued against (name of defendant).

2. The foreign protection order was entitled to full faith and credit under § 806.247.

3. The defendant committed an act that violated a condition of the foreign

protection order. 2

4. The defendant knew that the foreign protection order had been issued and knew

that (his) (her) acts violated its terms.

Definition of Foreign Protection Order

"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) (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. 3

Determination of Full Faith and Credit

"Full faith and credit" means that an order from a court outside the state is enforced

as if the order was an order of a court in this state. An order shall be accorded full faith

and credit if all of the following conditions are met: 4

• the person against whom the order was issued received reasonable notice; and,

• the person against whom the order was issued received an opportunity to be heard

that was sufficient to protect (his) (her) right to due process; and,

• the court that issued the order had jurisdiction over the parties and over the subject

matter.

Deciding About Knowledge

You cannot look into a person's mind to find knowledge. Knowledge must be found,

if found at all, from the defendant's acts, words, and statements, if any, and from all the

facts and circumstances in this case bearing upon knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all four elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.