Can an injunction be extended without a hearing?
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Can an injunction be extended without a hearing?
My brother was accused of child abuse by his son’s mother. The first thing she did was order an injunction which was granted but without the social worker’s report or a statement from my brother. He went through a long trial (with an attorney) and was found not guilty by the jury. The mother is now in jail and facing prison but there is still 4 months on the injunction. The mother’s parents are pursuing child support and plan to ask for the injunction to get extended. Can they do this without a hearing? Can it be extended since he was found not guilty?
Asked on October 10, 2014 under Criminal Law, Wisconsin
Answers:
Anne Brady / Law Office of Anne Brady
Answered 9 years ago | Contributor
There are different burdens of proof. Even if your brother was found not guilty at a criminal trial, a criminal conviction requires guilt beyond a reasonable doubt. The standard of proof in family court is preponderance of the evidence, a much lower threshhold. So yes, the injunction can be extended by the court if the family court judge believes it is in the child's best interest. However, with mom in jail, the judge is unlikely to choose the grandparents over the dad. He would do so probably only with a strong recommendation from the social worker that he do so. There will be a hearing.
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