Chapter 813

CHAPTER 813

INJUNCTIONS, NE EXEAT AND RECEIVERS

813.01   Order substituted for injunction.

813.015   Subject matter jurisdiction.

813.02   Temporary injunction; when granted.

813.025   Ex parte restraining orders; right of review of certain orders.

813.026   Remedy against heirs and legatees; temporary injunction; receivership; judgment.

813.03   When granted defendant.

813.04   Same; when granted; Sunday or holiday.

813.05   Notice required.

813.06   Security for damages.

813.07   Assessment of damages; bill of particulars; costs.

813.08   Injunction, defendant may be heard before enjoined.

813.11   Injunction, additional security.

813.115   Service notification system.

813.12   Domestic abuse restraining orders and injunctions.

813.122   Child abuse restraining orders and injunctions.

813.123   Restraining orders and injunctions for individuals at risk.

813.125   Harassment restraining orders and injunctions.

813.126   New hearing or petition for review.

813.127   Combined actions; domestic abuse, child abuse and harassment.

813.128   Uniform interstate enforcement of domestic violence protection orders act.

813.1283   Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.

813.1285   Notice and process for firearm surrender.

813.129   Global positioning system tracking.

813.13   Writ of ne exeat.

813.14   Same; when granted.

813.15   Same; discharge of.

813.16   Receivers.

813.17   Receiver; payment of employees’ wages.

813.22   Uniform absence as evidence of death and absentee’s property act; insurance policy provisions invalid.

813.23   Receiver may be appointed when.

813.24   Notice.

813.25   Search for absentee.

813.26   Final hearing and finding.

813.27   Claim of absentee barred.

813.28   Termination of receivership and disposition of property of absentee.

813.29   Distribution of property of absentee.

813.30   Insurance policies.

813.31   Absentee insurance fund.

813.32   Uniformity of interpretation.

813.33   Name of act.

813.34   Time of taking effect and not retroactive.

813.40   Injunctive relief in prison condition cases.

813.01 813.01 Order substituted for injunction. The writ of injunction is abolished. An injunction may be the final judgment in the action or may be allowed as a provisional remedy therein; and when so allowed it shall be by order as prescribed by this chapter.

813.01 History History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.01.

813.01 Annotation An injunction may be used to prevent prospective violations of a restrictive covenant. Cobb v. Milwaukee County, 60 Wis. 2d 99, 208 N.W.2d 848 (1973).

813.015 813.015 Subject matter jurisdiction. In an action filed pursuant to s. 813.12, 813.122, or 813.125, the court has jurisdiction of the subject matter under s. 801.04 regardless of whether the alleged abuse or harassment occurred within the state.

813.015 History History: 2015 a. 4.

813.02 813.02 Temporary injunction; when granted.

813.02(1) (1) 

813.02(1)(a) (a) When it appears from a party’s pleading that the party is entitled to judgment and any part thereof consists in restraining some act, the commission or continuance of which during the litigation would injure the party, or when during the litigation it shall appear that a party is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.

813.02(1)(b) (b) Prior to granting a temporary injunction or temporary restraining order, the court may attempt to contact the party sought to be restrained, or his or her counsel if known, by telephone and allow all parties to be heard on the equities between the parties, the availability of other remedies, the damages which may be sustained if the temporary injunction or restraining order is granted, and other relevant matters.

813.02(1)(c) (c) If the court determines that a temporary injunction may be granted under par. (a) to a prisoner, as defined in s. 801.02 (7) (a) 2., in any action or special proceeding with respect to prison or jail conditions, as defined in s. 801.02 (7) (a) 3., the following apply:

813.02(1)(c)1. 1. The court may not issue the injunction until giving notice and an opportunity to be heard on the request for a preliminary injunction to the attorney general, if the case involves a prisoner in a state correctional institution, as defined in s. 801.02 (7) (a) 1., or to the attorney representing the local correctional institution involved and to all other interested parties. Any injunction issued without giving notice and an opportunity to be heard is void.

813.02(1)(c)2. 2. Any temporary injunction issued shall meet the requirements in s. 813.40 (1) (b). When determining what to require in the temporary injunction, the court shall give substantial weight to any adverse impact on public safety or on the operation of the facility involved in the action or special proceeding caused by the temporary injunction.

813.02(1)(c)3. 3. Any temporary injunction issued under this paragraph shall expire no later than 90 days after the day the temporary injunction is issued unless the court makes a finding that the requirements under s. 813.40 (1) (b) are met and makes the order final before the expiration of the 90-day period.

813.02(2) (2) If, after the commencement of any action for waste or to restrain waste, or any action for the recovery of land or the possession or partition thereof or after any real estate has been levied upon by execution, any party to such action or execution shall commit waste or shall threaten or make preparations to commit waste upon the lands, tenements, or anything appertaining thereto, that party may be restrained by injunction from committing any waste or further waste thereto. Such injunction may be issued in any of said actions or in cases of the levy above mentioned by the court from which the execution issued.