Wis. Stat. » CHAPTER 818 — ARREST AND BAIL
Wisconsin Statutes

Wis. Stat. § 818.02 (2026)

When arrests may be made

✓ current as of July 2026
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818.02818.02 When arrests may be made. The defendant may be arrested as hereinafter prescribed in the following cases:
818.02(1)(1) In an action for the recovery of damages on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom, or where the action is for an injury to person or character, or for seduction, or for criminal conversation, or for injuring, or for wrongfully taking, detaining or converting property, and in actions to recover damages for the value of property obtained by the defendant under false pretenses or false tokens.
818.02(2)(2) In an action for fine or penalty, or for money received, or for property embezzled or fraudulently misapplied by a public officer or by an attorney, solicitor or counsel, or by an officer or agent of a corporation or banking association, in the course of his or her employment as such, or by any factor, agent, broker or any person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment.
818.02(3)(3) In an action to recover possession of personal property unjustly detained where the property or any part thereof has been concealed, removed or disposed of so that it cannot be found or taken by the sheriff.
818.02(4)(4) Subsections (1) and (3) do not apply to any security agreement under which the plaintiff claims a purchase money security interest, as defined in s. 409.103.
818.02(5)(5) In a proceeding to enforce the duty of child support or maintenance.
818.02(6)(6) In a proceeding to determine paternity or to establish or revise a child support or maintenance obligation, if the court or a circuit court commissioner finds that the petitioner cannot effect service of process upon the respondent despite due diligence on the part of the petitioner or after the respondent is personally served but fails to appear on the return date, on the date set for the pretrial hearing or on the date set for the trial.
818.02(7)(7) In an action for a forfeiture under s. 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2).
818.02(8)(8) In an action for a forfeiture under a local ordinance enacted under s. 59.54 (25m).
818.02(9)(9) In a proceeding under s. 813.1285.
818.02 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.02; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.02; 1979 c. 352; 1983 a. 447; 1985 a. 29; 1989 a. 121; 1993 a. 481, 486; 1995 a. 448; 2001 a. 10, 61; 2003 a. 193; 2005 a. 116; 2013 a. 321.
Notes of Decisions
Cited in 3 cases, 1991–2010 · leading case: State v. Hess, 2010 WI 82 (Wis. 2010).
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State v. Hess, 2010 WI 82 (Wis. 2010). · cites it 6× “Wis. Stat. § 818.02 . The procedures under the chapter, in turn, require that an "order for the arrest of the defendant must be obtained from the court.”
Stern v. Thompson & Coates, Ltd., 517 N.W.2d 658 (Wis. 1994). · cites it 6× “, nor was it justified to arrest pursuant to Section 818.02, Wis. Stats., because this proceeding *249 was not a proceeding to determine paternity or establish a child support or maintenance obligation .”
Sell v. Thompson & Costes, Ltd., 472 N.W.2d 834 (Wis. Ct. App. 1991). · cites it 3× “See sec. 818.02(l)(f), Stats. Sell contends the sheriff is "presumed to know what the law is" and therefore should have "consult[ed] his or her county attorney as to whether or not this is legitimate.”
Wis. Stat. § 818.02(1)(f): 1 case
Stern v. Thompson & Coates, Ltd., 517 N.W.2d 658 (Wis. 1994). “, nor was it justified to arrest pursuant to Section 818.02, Wis. Stats., because this proceeding *249 was not a proceeding to determine paternity or establish a child support or maintenance obligation .”
Wis. Stat. § 818.02(l)(f): 2 cases
Stern v. Thompson & Coates, Ltd., 517 N.W.2d 658 (Wis. 1994). “, nor was it justified to arrest pursuant to Section 818.02, Wis. Stats., because this proceeding *249 was not a proceeding to determine paternity or establish a child support or maintenance obligation .”
Sell v. Thompson & Costes, Ltd., 472 N.W.2d 834 (Wis. Ct. App. 1991). “See sec. 818.02(l)(f), Stats. Sell contends the sheriff is "presumed to know what the law is" and therefore should have "consult[ed] his or her county attorney as to whether or not this is legitimate.”
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