In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.
813.06.Security for damages.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 813.06 generally requires a party seeking an injunction to post a bond covering the damages the enjoined party might suffer if the injunction turns out to be wrongful, though it excuses that bond for domestic abuse, child abuse, individuals-at-risk, harassment, and certain other proceedings.
Full Text of Section 813.06
Plain-English Summary
Getting an injunction in Wisconsin usually comes with a price of admission: security for the other side’s potential damages. Section 813.06 requires the court or judge to demand a bond, with sureties, from the party seeking most injunctions, promising to pay the enjoined party any damages, up to a specified amount, that party sustains if the court ultimately decides the injunction should not have issued. In proceedings under section 767.225, that security is discretionary rather than mandatory.
The section carves out a significant exception: no bond is required in proceedings under sections 813.12, 813.122, 813.125, and 823.113 — the domestic abuse, child abuse, harassment, and related restraining order provisions — recognizing that requiring a petitioner in one of those cases to post security before obtaining protection would work against the relief the law is trying to provide.
Where a bond is required, section 813.06 also governs how it gets served. Copies of the bond, along with the affidavit or other pleading it relates to, must be served on the enjoined party, and the officer who serves them must file a return with the clerk of court within eight days after service.
Frequently Asked Questions
Do I have to post a bond to get an injunction in Wisconsin?
Generally yes, except in proceedings under section 767.225, where it is discretionary, and except in proceedings under sections 813.12, 813.122, 813.125, and 823.113, where no bond is required at all.
What does the bond cover?
Damages, up to a specified amount, that the enjoined party may sustain if the court later decides the party seeking the injunction was not entitled to it.
Is a bond required to get a domestic abuse restraining order?
No. Section 813.06 exempts proceedings under section 813.12 from the security requirement.
Does a harassment restraining order require the petitioner to post security?
No. Section 813.125 proceedings are also exempted from the bond requirement.
What has to happen after the bond and related papers are served?
The officer who serves them must file a return in the clerk of court’s office within eight days after service.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.06; 1979 c. 32 s. 92 (4); 1983 a. 204; 1985 a. 234 s. 8; 1989 a. 122; 2005 a. 443 s. 265.
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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