Soon to be ex husband slapped my son causing a massive bruise on his face while I was out of the country. Charges were brought against him, the kids we're released to my 22yr old daughter and when i got back I went to get restraining orders for my kids. he did not show up to court date for restraining orders but I did provide overwhelming evidence why he shouldn't see them and was granted the orders. Later he pled to 2 counts of battery and the judge in the criminal case said he could have "non violent" with the kids if his po says he can and if no other injunctions are in place. Now he is trying to reopen the restraining orders to see the kids.
Can it happen? Yes.
Is it likely to happen? No.
This is something that your divorce lawyer can handle. Note that it may also be addressed in the divorce.
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Second of all, the domestic violence courts in Milwaukee County often say a defendant can have contact if parties X, Y, and Z all approve it; they phrase it that way so that the case doesn't need to be brought back before them if, say, Child Protective Services wants to see how he interacts with the children once he gets some classes under his belt. But just because there's a path to it doesn't mean his agent's ever going to let him do it; I know plenty of agents who will tell him he's never going to get their blessing no matter what he does while he's on probation.
All that being said, the key here is going to be whether these were child abuse injunctions filed in Children's Court or injunctions filed in adult court. If they're in adult court, and assuming (a) this is Milwaukee County, and (b) the period in which he could file a de novo review has expired, the Court is likely going to bring him in long enough to tell him it won't work and deny his motion. Frankly, some of the judges won't even go that far; they'll just deny it without a hearing. The ONLY way I could see a court MAYBE considering reopening the injunctions is if he could somehow prove he wasn't properly served, but that would be shaky at best. If these are juvenile injunctions, however (and you can tell based on the case number including the letters JI instead of CV or FA), there is a statutory presumption that the parent gets some visitation, because the goal is to rebuild the relationship with the child. Now, granted, that visitation isn't easy; it might only be a couple of hours per week, and it might require him to pay a professional supervising agency to oversee it, and there may be certain other conditions where he's basically a goldfish in a bowl watched by the court, a Guardian ad Litem, a social worker, and a million other people, any of whom can pull the child from the visit at any second. But, yes, I suppose it's possible. Again, if you're really concerned about it, there are advocacy groups and low-cost lawyers available to help represent you.
You may want to speak to your divorce lawyer about the situation. good luck!
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