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 rights respecting the subject of the action and tending to the defendant’s injury or to render ineffectual such judgment as may be rendered in the defendant’s favor.
813.03.When granted defendant.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 813.03 lets a defendant, not just a plaintiff, obtain a temporary injunction against a plaintiff who is violating the defendant’s rights in a way that would injure the defendant or undercut a judgment the defendant might win.
Full Text of Section 813.03
Plain-English Summary
Temporary injunctions under this chapter are not limited to plaintiffs. Section 813.03 lets a defendant apply for one against the plaintiff, when it appears the plaintiff is doing, threatening, or about to do, or is procuring or suffering to be done, some act that violates the defendant’s rights respecting the subject of the action. That protection reaches acts tending to injure the defendant or tending to render ineffectual whatever judgment might eventually be rendered in the defendant’s favor.
The section mirrors the plaintiff-side relief described in section 813.02, just running in the opposite direction — it exists so that a defendant facing an ongoing or threatened violation of their own rights during the litigation is not left without a remedy because they occupy the defensive side of the case caption.
Frequently Asked Questions
Can a defendant ask for a temporary injunction against the plaintiff?
Yes. Section 813.03 allows a temporary injunction to be granted on the application of the defendant.
What must the plaintiff be doing for the defendant to qualify for this injunction?
Doing, threatening, or about to do, or procuring or suffering to be done, some act that violates the defendant’s rights respecting the subject of the action.
What harm does the defendant have to show?
That the act tends to the defendant’s injury or tends to render ineffectual a judgment that might be rendered in the defendant’s favor.
Is this different from the injunction available to plaintiffs under section 813.02?
It provides comparable relief, but it protects the defendant instead of the plaintiff.
Does the plaintiff’s act need to be finished already before the defendant can seek this injunction?
No. Section 813.03 covers acts the plaintiff is doing, is threatening, or is about to do, not only completed acts.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.03; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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