Chapter 813, INJUNCTIONS, NE EXEAT AND RECEIVERS

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. History: Sup. Ct. Order, …

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. History: 2015 a. 4.

813.02 Temporary injunction; when granted. (1) (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 du…

813.025 Ex parte restraining orders; right of review of certain orders. (1) No circuit or supplemental court commissioner may issue any injunction or order suspending or restraining the enforcement or execution of any statute of the state or of any order of an administrative offi…

813.026 Remedy against heirs and legatees; temporary injunction; receivership; judgment. In an action, in a court of record, for damages founded upon contract or upon a judgment, when it appears that the defendant is interested, as heir, legatee, or devisee, in the estate of a de…

813.03 When granted defendant. A temporary injunction may also be granted on the application of the defendant, when it shall appear that the plaintiff is doing, or threatens, or is about to do, or is procuring or suffering to be done some act in violation of the defendant’s right…

813.04 Same; when granted; Sunday or holiday. The injunction may be granted at any time before judgment upon its appearing satisfactorily to the court or judge, by the complaint or answer or by affidavit that sufficient grounds exist therefor. A copy of the pleading or affidavit …

813.05 Notice required. (1) An injunction shall not be allowed after the defendant shall have answered, unless upon notice or upon an order to show cause; but in such case the defendant may be restrained until the decision of the court or judge granting or refusing the injunction…

813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the e…

813.07 Assessment of damages; bill of particulars; costs. Upon an assessment of the damages caused by an injunction the defendant may be required to serve upon the plaintiff and the plaintiff’s sureties, within such time and in such manner as the court or referee shall direct, a …

813.08 Injunction, defendant may be heard before enjoined. The court or judge may, before granting the injunction, make an order requiring cause to be shown why the injunction should not be granted, and the defendant may in the meantime be restrained. History: Sup. Ct. Order, 67 …

813.11 Injunction, additional security. The party enjoined may, upon notice, apply for additional security and may combine such application with one to vacate or modify the injunction, and the presiding judge may require a further bond, in a sum and with sureties to be approved b…

813.115 Service notification system. A sheriff who executes or serves, or who assists a petitioner in executing or serving, a temporary restraining order, injunction, or other document or notice under s. 813.12, 813.122, 813.123, or 813.125 may use the Wisconsin Statewide Victim …

813.12 Domestic abuse restraining orders and injunctions. (1) DEFINITIONS. In this section: (ab) “Adult at risk” has the meaning given in s. 55.01 (1e). (ad) “Caregiver” means an individual who is a provider of inhome or community care to an individual through regular and direct …

813.122 Child abuse restraining orders and injunctions. (1) DEFINITIONS. In this section: (a) “Abuse” has the meaning given in s. 48.02 (1) (a) and (b) to (gm) and, in addition, includes a threat to engage in any conduct under s. 48.02 (1), other than conduct under s. 48.02 (1) (…

813.123 Restraining orders and injunctions for individuals at risk. (1) DEFINITIONS. In this section: (a) “Abuse” has the meaning given in s. 46.90 (1) (a). (ae) “Adult at risk” has the meaning given in s. 55.01 (1e). (am) “Adult-at-risk agency” has the meaning given in s. 55.01 …

813.125 Harassment restraining orders and injunctions. (1) DEFINITIONS. (am) In this section: 2. “Adult at risk” has the meaning given in s. 55.01 (1e). 3. “Elder person” means any individual who is 60 years of age or older. 4. “Harassment” means any of the following: a. Striking…

813.126 New hearing or petition for review. (1) TIME LIMITS FOR DE NOVO HEARING. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, o…

813.127 Combined actions; domestic abuse, child abuse and harassment. A petitioner may combine in one ac- 813.128 tion 2 or more petitions under one or more of the provisions in ss. 813.12, 813.122 and 813.125 if the respondent is the same person in each petition. In any such act…

813.128 Uniform interstate enforcement of domestic violence protection orders act. (1g) DEFINITIONS. In this section: (a) “Bodily harm” has the meaning given in s. 939.22 (4). (b) “Foreign mutual protection order” means a foreign protection order that includes provisions in favor…

813.1283 Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act. (1) SHORT TITLE. This section may be cited as the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act. (2) DEFINITIONS. In this section: (a) “Cana…

813.1285 Notice and process for firearm surrender. (1) DEFINITIONS. In this section: (a) “Firearm possession form” means the form developed under sub. (5) (a). (am) “Injunction” means an injunction issued under s. 813.12 (4) or 813.122 (5); an injunction issued under s. 813.123 i…

813.129 Global positioning system tracking. (1) If a person knowingly violates a temporary restraining order or injunction issued under s. 813.12 or 813.125, in addition to other penalties provided in those sections, the court may report the violation to the department of correct…

813.13 Writ of ne exeat. The court or a judge may grant the writ of ne exeat to prevent any defendant from going out of the state until the defendant shall give security. It may be granted at any time before judgment. History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 19…

813.14 Same; when granted. No writ of ne exeat shall be granted unless it appears to the court or judge by the complaint or an affidavit that grounds exist therefor; and the court or judge granting such writ shall direct to be endorsed thereon the penalty of the bond and security…

813.15 Same; discharge of. If the defendant shall satisfy the court or judge granting such writ that there is no reason for the defendant’s restraint or shall give security for the performance of the judgment in the action, the writ shall be discharged.

813.16 Receivers. A receiver may be appointed: (1) On the application of either party, when the applying party establishes an apparent right to or interest in property which is the subject of the action and which is in the possession of an adverse party, and the property or its r…

813.17 Receiver; payment of employees’ wages. Whenever a receiver shall be appointed to manage or close up any business, the receiver shall immediately report to the court the amount due the employees in such business; and said court shall order the receiver to pay out of the fir…

813.22 Uniform absence as evidence of death and absentee’s property act; insurance policy provisions invalid. (1) No provision concerning the effect to be given to evidence of absence or of death in any policy of life or accident insurance or in the charter or bylaws of any mutua…

813.23 Receiver may be appointed when. (1) (a) When a person domiciled in this state and having an interest in any form of property disappears and is absent from the person’s place of residence without being heard of after diligent inquiry, upon application for a finding of such …

813.24 Notice. All notices required under ss. 813.22 to 813.34 shall be served upon all parties ordered by the court to be served as prescribed by statutes or rules, except that in addition thereto service on the absentee shall be by a class 3 notice, under ch. 985, in the county…

813.25 Search for absentee. (1) The court, upon application, may direct the receiver to make search for the absentee in any manner which the court may deem advisable, including any or all of the following methods: (a) By inserting in one or more suitable periodicals a notice requ…

813.26 Final hearing and finding. (1) At any time, during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee’s death, the court may make a final finding and decree that the absentee is dead; in which event the decree and a tra…

813.27 Claim of absentee barred. No action shall be brought by an absentee to recover any portion of this property after the final finding and judgment provided for in s. 813.26. History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.27.

813.28 Termination of receivership and disposition of property of absentee. Upon the entry of any final finding and decree as provided in s. 813.26, the court shall proceed to wind up the receivership and terminate the proceedings: (1) In the case of a finding under s. 813.26 (1)…

813.29 Distribution of property of absentee. The property remaining for distribution in accordance with s. 813.28 (2) (c) shall be distributed among those persons who would be entitled thereto under the laws of descent and distribution of this state had the absentee died intestat…

813.30 Insurance policies. (1) At the time of the distribution under s. 813.29, the court may direct the payment to the beneficiaries of any sums due and unpaid under any policies of insurance upon the life of the absentee, if the claim is uncontested by the insurer. (2) If the c…

813.31 Absentee insurance fund. (1) In each case of termination of receivership as provided in s. 813.28, the court, except in cases where the proceedings have been certified to the proper court under s. 813.26 (1), shall set aside the sum there named and direct its payment by th…

813.32 Uniformity of interpretation. Sections 813.22 to 813.34 shall be so construed as to make uniform the law of those states which enact it. History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.32.

813.33 Name of act. Sections 813.22 to 813.34 may be cited as the “Uniform Absence as Evidence of Death and Absentee’s Property Act.” History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.33.

813.34 Time of taking effect and not retroactive. The provisions of ss. 813.22 to 813.34 shall not be retroactive and they shall take effect on July 1, 1942. History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.34.

813.40 Injunctive relief in prison condition cases. (1) (a) In this section: 1. “Prisoner” has the meaning given in s. 801.02 (7) (a) 2. 2. “Prison or jail conditions” has the meaning given in s. 801.02 (7) (a) 3. (b) If a court determines that an injunction may be granted to a p…