If a nuisance, as defined in s. 823.09, exists the district attorney or any citizen of the county may maintain an action in the circuit court in the name of the state to abate the nuisance and to perpetually enjoin every person guilty thereof from continuing, maintaining or permitting the nuisance. All temporary injunctions issued in the actions begun by district attorneys shall be issued without requiring the undertaking specified in s. 813.06, and in actions instituted by citizens it shall be discretionary with the court or presiding judge to issue them without the undertaking. The conviction of any person, of the offense of lewdness, assignation or prostitution committed in the building or part of a building, erection or place shall be sufficient proof of the existence of a nuisance in the building or part of a building, erection or place, in an action for abatement commenced within 60 days after the conviction.
823.10.Disorderly house, action for abatement.
Ch. 823: Nuisances · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 823.10 lets a district attorney or any county citizen sue in the state’s name to abate and perpetually enjoin a bawdyhouse nuisance defined in s. 823.09, and treats a conviction for lewdness, assignation, or prostitution at the place as sufficient proof of the nuisance in a timely abatement action.
Full Text of Section 823.10
Plain-English Summary
Section 823.10 supplies the enforcement mechanism for the nuisance s. 823.09 defines. If that kind of nuisance exists, either the district attorney or any citizen of the county may bring an action in circuit court, in the state’s name, to abate the nuisance and to permanently enjoin everyone guilty of continuing, maintaining, or permitting it.
Temporary injunctions in these cases are handled differently depending on who sues. In actions the district attorney brings, temporary injunctions issue without the undertaking, meaning the security or bond, that s. 813.06 would otherwise require. In actions a citizen brings, issuing the injunction without that undertaking is up to the court’s or presiding judge’s discretion.
The section also gives prosecutors a shortcut on proof. A conviction of lewdness, assignation, or prostitution committed in the building or place is enough by itself to prove the nuisance existed there, but only in an abatement action commenced within 60 days after the conviction.
Frequently Asked Questions
Who can sue to shut down a bawdyhouse under Wisconsin law?
Section 823.10 allows either the district attorney or any citizen of the county to maintain an action in circuit court, in the state’s name, to abate the nuisance defined in s. 823.09 and permanently enjoin those responsible.
Does the district attorney need to post a bond to get a temporary injunction in this kind of case?
No. Section 823.10 says temporary injunctions in actions the district attorney brings are issued without the undertaking specified in s. 813.06.
Does a citizen suing under this section also skip the bond requirement?
Not automatically. In citizen-initiated actions, it is discretionary with the court or presiding judge whether to issue the injunction without the s. 813.06 undertaking.
If someone is convicted of prostitution at the property, does that prove the nuisance exists?
Yes, if the abatement action is commenced within 60 days after the conviction. Section 823.10 makes the conviction sufficient proof of the nuisance’s existence in that timely action.
What relief does a successful action under this section provide?
Abatement of the nuisance and a permanent injunction against every person guilty of continuing, maintaining, or permitting it.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.10; 1977 c. 449.
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: suing to abate a bawdyhouse wisconsindistrict attorney nuisance injunction wisconsincitizen suit disorderly house wisconsinconviction as proof of nuisance wisconsin