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Wisconsin Statutory Elements and Consequences

Chapter 813 Injunctions, ne exeat and receivers

The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.

Table of contents

 

§ 813.12, 813.122, 813.123, 813.125 Violating a temporary restraining order or an injunction

Summary

To be guilty of this offense, the prosecution must prove that an injunction or temporary restraining order has been issued against the defendant, that the defendant committed an act that violates the terms of the injunction or temporary restraining order, and that the defendant knew the injunction or temporary restraining order had been issued and knew that his or her act violated its terms.

Elements of the Offense

  1. Injunction or Order: An injunction or a temporary restraining order has been issued against the defendant under § _______* of the Wisconsin Statutes.
  2. Violation: The defendant commits an act that violates the terms of the injunction or temporary restraining order.
  3. Knowledge: The defendant knows that the injunction or temporary restraining order has been issued and knows that their action violates its terms.

Jury Instruction

Wis JI-Criminal 2040

* § 813.12(8) - for a domestic abuse case; § 813.122(11) - for a child abuse case; § 813.123(10) - for an individual at risk case; § 813.125(7) - for a harassment case.

 

Updated December 2024

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