Wednesday, January 13, 2021

Son's Argument with Mom Leads to Restraining Order

 Son's Argument with Mom Leads to Restraining Order

  https://www.avvo.com/legal-answers/authorized/how-can-i-have-the-court-dismiss-a-temporary-restr-5083706.html

How can I have the court dismiss a temporary restraining order against me? And charge them of slander/perjury/mental damage?

It was around November 30th of 2020, and I wanted to just make something to eat for the day. But when my mom asked me a question, she got angry at me and started screaming at me for not responding. And then said I don't have to respond if she's going to raise her tone with me, then she decided to get close to me and back me into a corner. Then told her not to get in my face and she started spitting at me when she was not even a foot away from me. She threw a fake punch at first to scare me I then turned her away to diffuse the tension. She then decided to turn back and scream and hit me saying don't lay your hands on me. I continue to try to turn her away so I can just make my food for the day. Then she threw a punch square in the chest with a ring on and in my defense I end up pushing her back. Though her statement is not entirely true, because she said she flew across the room when she ended up backstepping way too much and in turn was partially her fault in falling. She then decided to say "something popped in my chest" but waited an entire day or two to go to the hospital, and now I have a temporary restraining order against me

You will be lucky if you are not charged criminally with disorderly conduct, and that could still happen. But, if you have been sued for a restraining order in WI, the good news is that you are entitled to have a trial before the order becomes final, but only if you protect your rights within a very short time window. Retain a lawyer right away if you don't want to be saddled with a multi-year restraining order, because the truth will not matter at all if you don't fight it. Either way, if things are that tense in your mom's house, you would be much better off getting your own house and moving out before you end up in jail; if not this time, then the next time you have an argument with mom.

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