Restraining orders were not granted, should I send my child back to his father's where he was abused?

Question

The abuse happened in December 2025, and the Child Advocacy report deemed it child abuse. I filed restraining orders for my child's father, hisfiancée, and her ex-boyfriend, who live in the same household. CPS is aware of this incident and has an open file. Also, the DA's office is investigating the ex-boyfriend for child abuse from this incident, and I have pictures that were submitted to the judge as well. I filed restraining orders. My son is 2 years old, and I fear for his safety. The restraining orders were not granted as the judge stated, "Not enough evidence." I still fear for my child's safety to go back to his father's. Do I have the right to withhold my son from going back to his father?

Tajara Dommershausen · Answer

You should file a motion to modify placement to either stop his placement, get it supervised or at minimum reduce placement

Megan A. Phillips · Answer

Withholding physical placement required by a court order can result in legal penalties or contempt charges in Wisconsin, even if serious safety concerns exist. This is an exceedingly challenging situation. If a restraining order was denied, the primary legal remedy is filing an emergency motion to modify physical placement or asking the court to appoint a Guardian ad Litem to investigate child safety. Speaking with a family lawyer immediately is crucial to protect your child while avoiding repercussions for failure to follow a court-ordered placement schedule. Best of luck with this incredibly hard circumstance.

Restraining orders were not granted, should I send my child back to his father's where he was abused?

2 answers

Tajara Dommershausen

Megan A. Phillips

Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!

Find a lawyer near you