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Zephyr

Senior Member
What is the name of your state? All parties and order in WI.

Last month I filed a motion for modifcation/clarification regarding my son. The court date is next monday.

My son came to me this weekend and said his stepmother-dad's gf, not wife, had been in another fight with the neighbor. It sounds like they get into screaming matches frequently, however this time it escalated into a serious physical altercation in front of my son.

This woman has 6 felony convictions, 3 disorderly conduct conviction, 3 telephone harrassment convictions, during court the judge said she had every reason to behave properly around my son because she is on a 5 year stayed prison sentence with probation. However, one of her disorderly conduct convictions came after her probation started, as did the harrassment convictions and this altercation.

Questions:
1. Am I entitled the a copy of the police report regarding this newest altercation?

2. How do I go about including this incident in the motion that has already been filed?

3. Is this an appropriate issue for an exparte motion? It appears my son was right there when the women came to blows, and it got so heated that one of them- I haven't questioned my son so I only have the info he volunteered- got into their vehicle and ran into the other with it.

4. Can I get a restraining order barring this woman from being around my son?

5. Have also been trying serve dad the motion to the court, he is refusing to accept anything that anyone tries tohand to him. If this refusal is recorded on video, am I covered for the event that he successfully dodges being served? In my state anyone over 18 can serve the documents, if dad is in his car, can my server place the paperwork under his wiper and that be considered successful service?
 
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LdiJ

Senior Member
Questions:
1. Am I entitled the a copy of the police report regarding this newest altercation?

Yes, they are public records. However some police departments are stubborn about releasing them if you don't have an attorney.

2. How do I go about including this incident in the motion that has already been filed?

File an amendment.

3. Is this an appropriate issue for an exparte motion? It appears my son was right there when the women came to blows, and it got so heated that one of them- I haven't questioned my son so I only have the info he volunteered- got into their vehicle and ran into the other with it.

In my opinion it wouldn't hurt to try.

4. Can I get a restraining order barring this woman from being around my son?

Again, in my opinion it wouldn't hurt to try

5. Have also been trying serve dad the motion to the court, he is refusing to accept anything that anyone tries tohand to him. If this refusal is recorded on video, am I covered for the event that he successfully dodges being served? In my state anyone over 18 can serve the documents, if dad is in his car, can my server place the paperwork under his wiper and that be considered successful service?

I think that you need a consult with a local attorney on that one.. However, anything that you have that can prove that you tried to serve him can't hurt. It may not help, but it can't hurt.
 

Zephyr

Senior Member
Thanks..I will try to get a copy of the report asap... what exactly happened will determine if an exparte is necessary, but I will ask that she be kept away from son....he was so emotional and scared that she was hurt, and then she coached him in what to tell the police....

Hopefully here record- and continued pattern of criminal behavior with mean something this time...I was shocked when they didn't before
 

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