What is the name of your state (only U.S. law)? Wisconsin
What does an accuser that is filing for a restraining order have to prove if anything? Can they win with just statements and their testimony, no physical evidence or police arrest. The accused has never had any criminal record or violent history.
My brother decided to marry a woman he met from over seas, after they got their marriage license of being together for 3 months she left and has accused him of sexual assault. She is the one that begged him to get the marriage license but after she got it she filed a police report that my brother assaulted her. Her VISA has expired and with this accusation she gets immunity from immigration. Its been almost 3 months and the police has not arrested my brother yet because they do not have any good evidence. Yesterday my brother went into the police station and the officer working on the case told him they are going to forward the investigation reports to the DA with recommendation of no charges.
The only thing that did not sit well with me was, he went into his injunction hearing without a lawyer and she brought a lawyer. The only evidence she provided was her written statements and testimony. No other evidence, or any evidence from the police. My brother argued that they live with my parents and sibling, no one heard or was aware of any of the sexual assaults and she did not even tell anyone. The judge stated that, just because no one in the house did not see anything or hear anything, my brother had to prove that nothing occurred when they were out of the house. This got me upset because the accuser filing for the restraining order should have to prove that my brother is a threat and assaulted her, not the other way around. Is this normal? I can get a restraining order this easy? The worst part is he issued it for 4 years, the maximum time allowed in Wisconsin.
Now he has lost his right to bare any firearms and part of his freedom.
What does an accuser that is filing for a restraining order have to prove if anything? Can they win with just statements and their testimony, no physical evidence or police arrest. The accused has never had any criminal record or violent history.
My brother decided to marry a woman he met from over seas, after they got their marriage license of being together for 3 months she left and has accused him of sexual assault. She is the one that begged him to get the marriage license but after she got it she filed a police report that my brother assaulted her. Her VISA has expired and with this accusation she gets immunity from immigration. Its been almost 3 months and the police has not arrested my brother yet because they do not have any good evidence. Yesterday my brother went into the police station and the officer working on the case told him they are going to forward the investigation reports to the DA with recommendation of no charges.
The only thing that did not sit well with me was, he went into his injunction hearing without a lawyer and she brought a lawyer. The only evidence she provided was her written statements and testimony. No other evidence, or any evidence from the police. My brother argued that they live with my parents and sibling, no one heard or was aware of any of the sexual assaults and she did not even tell anyone. The judge stated that, just because no one in the house did not see anything or hear anything, my brother had to prove that nothing occurred when they were out of the house. This got me upset because the accuser filing for the restraining order should have to prove that my brother is a threat and assaulted her, not the other way around. Is this normal? I can get a restraining order this easy? The worst part is he issued it for 4 years, the maximum time allowed in Wisconsin.
Now he has lost his right to bare any firearms and part of his freedom.
