Legal Question in Criminal Law in Wisconsin
Restraining order of harrassment
I have come to a point where i'm not sure what to do. I have filed two police reports on my son's father for threatening to damage my boyfriends and my car. He then continuely calls me to fight with me he sometimes calls ten times a day. The state of wisconsin then served him papers on the last occasion where i had to file a report. I'm not taking him to court but sawyer county is. Now he's mad at me and then says he's going to tell them on his court date that the reason we were arguing was because he walked in my house and i had drugs on the counter which is a lie. When i filed the report that night it was because he was threatning to cut off my boyfriends legs and damage our cars. just not sure what the right thing to do is. Then when i tell him i'm calling the police for harrassing me then he tells me he'll just tell them he was calling about our son which is a lie too.
They are taking him to court for threatning of property damage and it's under a class H Felony just wondering what that means and He also just got 30 days in jail for bail jumping which is a felony.
1 Answer from Attorneys
Violations of Restraining Order Due to Harassment, Visitation Issues
You should not allow yourself to be blackmailed into not reporting violations of a restraining order or bond restrictions prohibiting contact with you solely due to mere threats to report made up illegal events taking supposedly taking place in your home. If you already have the restraining order or bond restriction in your favor which limits contact, the authorities are likely to consider you more credible than the person against whom the restraining order was issued. Restraining orders sometimes also cut off child visitation rights (probably a good idea in your case), while on other occasions, they allow visitation decisions to be made by the family court. If threats have escalated to the point you describe, visitation at your residence sounds like a very bad and dangerous idea. You should therefore hire a family lawyer to change this to supervised visitation only, outside of your residence. My general comments in this online forum are not intended as legal advice for you, nor do I know enough about your case to provide any intelligent advice. Rather, you need to retain your own lawyer or, if you cannot afford a private lawyer, contact Legal Action of WI or other similar agency to see if they will appoint one for you.
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