The order may be made where it shall appear by affidavit that a cause of action exists, and that it is one of those mentioned in s. 818.02.
818.04.Order, when made.
Ch. 818: Arrest and Bail · Last amended 1978 · Last verified July 15, 2026
In one sentenceSection 818.04 lets an order for arrest be made only where an affidavit shows a cause of action exists and that it is one of the kinds listed in section 818.02.
Full Text of Section 818.04
Plain-English Summary
Section 818.03 says who may issue an order for arrest; section 818.04 says what has to be shown before that order can be made. The order may issue where it appears, by affidavit, that a cause of action exists.
That alone is not enough. The affidavit must also show that the cause of action is one of the kinds listed in section 818.02 — the specific categories of case, from certain torts and fraud claims to child support enforcement and particular forfeiture actions, in which civil arrest is available at all. An affidavit showing a valid claim that falls outside those categories does not support an order for arrest under this section.
Frequently Asked Questions
What must an affidavit show before a Wisconsin court will order a defendant’s arrest?
Section 818.04 requires the affidavit to show that a cause of action exists and that it is one of those mentioned in section 818.02.
Is it enough to show that I have a valid claim against the defendant?
No. Section 818.04 also requires the claim to be one of the specific categories listed in section 818.02, not just any valid cause of action.
What form must this showing take?
Section 818.04 requires it to appear by affidavit, a sworn written statement submitted to the court or judge.
Does section 818.04 create the categories of case where arrest is available?
No. Section 818.02 creates those categories; section 818.04 requires the affidavit supporting the arrest order to show the case fits one of them.
Who reviews the affidavit to decide whether the order should issue?
Section 818.03 requires the order to come from the court in which the action is brought or a judge, so that court or judge is the one evaluating the affidavit under section 818.04.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 809.04; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.04.
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
Also known as: wisconsin affidavit for arrest order requirementwhat must an arrest affidavit show wisconsincause of action civil arrest wisconsinbasis for order of arrest wisconsin statute