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2007AP347 Welytok v. Ziolkowski
Remedies
Harassment injunctions
Where the defendant harassed the plaintiff at a tavern, and library, and sent repeated e-mails and phone calls to third parties with the intent to harass the plaintiff, a harassment injunction was properly issued.
"We have taken into account all the facts and circumstances and hold that this case does satisfy the statutory definitions of 'harassment' and 'course of conduct.' First, in light of the extreme deference we accord the circuit court's credibility determinations, see Opstein, 86 Wis. 2d at 676, we accept the court's findings because they are not clearly erroneous.
The event at the Speakeasy was an intimidating and threatening scenario for Jill in which Ziolkowski blocked Jill's path, towered over her, threatened to go after her law license and only stopped his intimidation when Daniel came out and yelled at him to leave Jill alone.
Ziolkowski made phone calls and sent e-mails to Jill's Forum meeting colleagues, Roback and Suckow. Ziolkowski made phone calls to investigative reporters which prompted them to call and/or barge in with accusations toward Jill. Ziolkowski called Jill's new employer in order to get her fired. Ziolkowski's conduct frightened Jill, caused her to have trouble sleeping and made her very upset, worried and anxious. Ziolkowski sent e-mails to Daniel, one of which was the 'Pretty slick' e-mail referencing Jill's name change and making a sarcastic quip. Ziolkowski's conduct even caused Daniel to worry for his wife's safety and wonder if Ziolkowski might be dangerous."
Affirmed.
Recommended for publication in the official reports.
2007AP347 Welytok v. Ziolkowski
Dist. II, Ozaukee County, Malloy, J., Anderson, J.
Attorneys: For Appellant: Cincotta, Joseph, Milwaukee; For Respondent: Anderegg, Rex, Milwaukee
Case Details
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