Legal Question in Family Law in Wisconsin
restraining order against brother-in-law
Woman choses to place restraining order against her brother-in-law to restrain him from seeing her and her children (their uncle). Claims fear of physical violence, but has no proof to substantiate her fear. Restraining order goes through and is in effect for two years. Mother and father are still married and are legal guardians of their children. Can father petition the courts to allow his brother to see his children with certain stipulations such as either he or his parents must be present? Or is the entire situation controlled by the individual who originally filed the restraining order?
1 Answer from Attorneys
Re: restraining order against brother-in-law
I'm licensed in Tennessee and not Wisconsin, but in MOST states, restraining orders as you describe automatically expire after a certain period of time, such as a year.
Check on whether the restraining order is even still in effect.... and do that by contacting a local attorney.
Generally speaking the person who needs to petition the court to have a restraining order lifted is the person against whom the order applies... the brother-in-law in this case.
Additionally, in MOST states, though perhaps not in Wisconsin, if either parent intentionally took the child around the brother-in-law and the brother-in-law was not the one going around the child, the restraining order would be rendered void.
There are a number of factors at play here. Get a copy of the Order and take it with you when you visit a LOCAL attorney.
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601
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