Legal Question in Military Law in Wisconsin

Threats by service member

About 3 months ago my son, a soldier in CA, made threats against my life to others, but not directly to me. A 30-day Restraining Order was issued by his post commander pending investigation. After a supposedly thorough investigation by the Army, they found no reason to extend the RO or make it permanent. My son maintains an apartment only 4 miles form my home & comes into town whenever he can in order to visit his sons (not married to their mothers). One grandchild spends most weekends at my home. Now the Army says he can come & go at will, but what about my right to feel safe in my home? The Army received affadavits from people who verified the threats, but feels he is no threat to me since he is stationed 2000 miles away. He's expected to be in town for Thanksgiving or Christmas. What can I do to protect myself? Can the Army be forced to reissue the RO? Our local court won't issue an RO because the threats weren't made directly to me. I'm afraid for my life, my fiance & I are nervous wrecks, & now he's threatening to go to court to make certain we can't see our grandson. Do you have any suggestions? He also owes us several thousand dollars and we want to sue for it, but how? Thanks so much for your time.


Asked on 10/29/08, 2:29 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Threats by service member

The army will not command him not to come to your home probably because it does not have the evidence necessary to substantiate such an order. But that does not leave you without a remedy. You and you alone have the right to say who comes to and enters your home. If you do not wish a visit from your son send him a letter, certified mail, return receipt requested, telling him that he may not come visit you, that he is not welcome in your home, that if he chooses to see his son, he must pick some other venue to do so, and that if he appears at your home or on your property you will call the police and have him arrested for trespassing. I would then wait for the phone call that will come where he will call and make a series of threats against you on the phone. Don't actually speak to him on this phone calls, let your answering maching pick up the calls. If he leaves a threatening message on the answering machine, he can't complain that he didn't know he was being recorded. If these calls come in and you record them, you have evidence of a threat sufficient to get a restraining order. Even if he does not, you are on record as warning him of his inability to trespass, and you can ask the police to enforce the trespass law against him.

See a lawyer in your jursidction about your rights as grandparents. Good luck.

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Answered on 10/29/08, 3:34 pm


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