Wisconsin Statutes
Wis. Stat. § 813.025 (2026)
Ex parte restraining orders; right of review of certain orders
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813.025(1)(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.
813.025(2)(2) 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.
813.025(3)(3) If a circuit court or a court of appeals enters an injunction, a restraining order, or any other final or interlocutory order suspending or restraining the enforcement of any statute of this state, the injunction, restraining order, or other final or interlocutory order is immediately appealable as a matter of right.
813.025 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.025; 1979 c. 111; 1983 a. 204; 2001 a. 61; 2013 a. 156.
Notes of Decisions
Cited in 5
cases, 1982–2006 · leading case: Blazel v. Bradley, 698 F. Supp. 756 (W.D. Wis. 1988).
Blazel v. Bradley, 698 F. Supp. 756 (W.D. Wis. 1988). “In 1979 the legislature enacted Wis.Stat. § 813.025 as part of comprehensive legislation on domestic abuse.”
Spearman v. DuPree, 342 N.W.2d 755 (Wis. Ct. App. 1983). “Section 813.025 (2) provides as follows: (2) (a) A judge may issue a temporary restraining order requiring a person to avoid premises occupied by someone with whom the person is living or has lived in a spousal relationship, as defined in s.”
In re Marriage of Sandy v. Sandy, 316 N.W.2d 164 (Wis. Ct. App. 1982). “” Subsection (b) of sec. 813.025(2), Stats., establishes that notice requirements need not be met under these circumstances.”
O'Malley, Robert C. v. Litscher, Jon E., 465 F.3d 799 (7th Cir. 2006). “We presume that the defendants sought to force-feed O’Malley under the authority of the Wisconsin statute providing generally for ex parte restraining orders, see Wis. Stat. § 813.025 (2), because the orders themselves specify no governing statute or regulation and because cases…”
Dorman v. Morris, 519 N.W.2d 685 (Wis. Ct. App. 1994). “See § 813.025, Stats. The plaintiffs then had the value of the stock appraised and, although Morris claimed it was worth much more, as of April 30, 1991, the appraised value of the stock was only $2,500.”
Wis. Stat. § 813.025(2): 2 cases
Spearman v. DuPree, 342 N.W.2d 755 (Wis. Ct. App. 1983). “Section 813.025 (2) provides as follows: (2) (a) A judge may issue a temporary restraining order requiring a person to avoid premises occupied by someone with whom the person is living or has lived in a spousal relationship, as defined in s.”
In re Marriage of Sandy v. Sandy, 316 N.W.2d 164 (Wis. Ct. App. 1982). “” Subsection (b) of sec. 813.025(2), Stats., establishes that notice requirements need not be met under these circumstances.”
Wis. Stat. § 813.025(2)(a): 1 case
Blazel v. Bradley, 698 F. Supp. 756 (W.D. Wis. 1988). “In 1979 the legislature enacted Wis.Stat. § 813.025 as part of comprehensive legislation on domestic abuse.”
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