INJUNCTIONS, NE EXEAT AND RECEIVERS
Order substituted for injunction.
Temporary injunction; when granted.
Ex parte restraining orders.
Remedy against heirs and legatees; temporary injunction; receivership; judgment.
When granted defendant.
Same; when granted; Sunday or holiday.
Security for damages.
Assessment of damages; bill of particulars; costs.
Injunction, defendant may be heard before enjoined.
Injunction, additional security.
Domestic abuse restraining orders and injunctions.
Child abuse restraining orders and injunctions.
Vulnerable adult restraining orders and injunctions.
Harassment restraining orders and injunctions.
Combined actions; domestic abuse, child abuse and harassment.
Foreign protection orders.
Same; when granted.
Same; discharge of.
Receiver; payment of employees' wages.
Uniform absence as evidence of death and absentee's property act; insurance policy provisions invalid.
Receiver may be appointed when.
Search for absentee.
Final hearing and finding.
Claim of absentee barred.
Termination of receivership and disposition of property of absentee.
Distribution of property of absentee.
Absentee insurance fund.
Uniformity of interpretation.
Time of taking effect and not retroactive.
Injunctive relief in prison condition cases.
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.
Sup. Ct. Order, 67 Wis. 2d 585
, 760 (1975); Stats. 1975 s. 813.01.
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
Temporary injunction; when granted. 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.
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.
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:
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.
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.
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.
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.
No temporary restraining order or injunction shall be issued by any judge or court in any action where it does not appear that the county where the application for such temporary restraining order or injunction is made is within the judicial circuit in which is located the county that is the proper place of trial of the action, and no temporary restraining order or injunction shall issue unless the residence of each defendant is stated if known. Any temporary restraining order or injunction issued in violation of this subsection shall be void.
Sup. Ct. Order, 67 Wis. 2d 760
; Stats. 1975 s. 813.02; Sup. Ct. Order, 141 Wis. 2d xxvi; 1993 a. 112
; 1995 a. 400
; 1997 a. 133
Judicial Council Note, 1988: Sub. (1) (b) [created] allows the court to attempt to hold a telephone conference prior to granting a temporary injunction or temporary restraining order. The telephone conference procedure minimizes the risk of an improvident injunction and aids the court in fixing a realistic security. [Re Order effective Jan. 1, 1988]
A trial court does not abuse its discretion in denying a motion for a temporary injunction when it appears that the moving party has not established a reasonable probability of will ultimately prevailing in a trial of the issues. Akin v. Kewaskum Community Schools, 64 Wis. 2d 154
, 218 N.W.2d 494
The purpose of a temporary injunction is to maintain the status quo, not to change the position of the parties, compel acts that constitute the ultimate relief sought, or craft a remedy that the court believes to be equitable. School District of Slinger v. WIAA, 210 N.W.2d 366
, 563 N.W.2d 366
(Ct. App. 1997).
Ex parte restraining orders. 813.025(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 officer, board, department, commission or other state agency purporting to be made pursuant to the statutes of the state. If so issued, the injunction or order shall be void.
The application for such an injunction or restraining order made to a court shall not be heard except upon notice to the attorney general and to such other persons as may be defendants in the action; but if the court is of the opinion that irreparable loss or damage will result to the applicant unless a temporary restraining order is granted, the court may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction. However, such temporary restraining order shall be effective only for 5 days unless extended after notice and hearing thereon, or upon written consent of the parties or their attorneys, and in no event shall such temporary restraining order remain in force beyond the time of the determination of the application for an interlocutory injunction.