Petitioner repeatedly violates his own restraining order... What should I do?

Asked almost 5 years ago - Milwaukee, WI

My sister's husband and I have never gotten along very well, and things have gotten heated a few times in the past. About a year ago he filed for a restraining order. It will be in effect for three more years. At first, I really didn't care, because I have no wish to speak to him anyway... However, it's beginning to become a pain due to family engagements and whatnot. My father lives with me due to medical issues, and my sister comes to see him once in a while. She brings her husband with her. I have no wish to be in violation of this order, so I leave when they show up. This is the same thing I do at other family members' houses when they show up. Is there a way for the respondent to nullify a restraining order in the state of Wisconsin under these circumstances?

Attorney answers (1)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Go to court and ask for it to be modified so that if you are at a family member's and he shows up that you can stay and not be in violation of the order. You may be okay now depending upon the language of the order because you are not approaching him, he is approaching you. However, better safe than sorry. You can also speak to your sister and ask her to leave him home on these family visits or else clear schedules with you so there is no conflict.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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