Baraboo, WI asked in Domestic Violence and Criminal Law for Wisconsin

Q: Is it a violation of a RO if threats are sent to a 3rd party, but 3rd person isn’t asked to pass on the threat but does?

I hold a harassment RO against a sibling in WI. The injunction requires them to avoid “causing” anyone from contacting me. Contact was to a mutual family member where they, unprompted, threatened to ruin me financially and lied about my conduct; a repeat of some of the behavior that the court was made aware of in the original RO petition and hearing (among threats of violence).

While they didn’t explicitly ask the 3rd party/mutual family member to communicate with me or not tell me, the purpose of sibling’s contact was solely to threaten and warn them about their plan for me. The 3rd party then contacted me, and said they thought I needed to hear the threats and then gave me proof of the written communication. This news has caused me great anxiety and stress. With this general background, could this possibly violate the RO?

1 Lawyer Answer
Jane E. Probst
Jane E. Probst
PREMIUM
Answered
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: I believe that the Court would find this to be a threat through a third party. You would need to find exceptions to the hearsay rule to have these threats admitted into evidence. The third party receiving the communication would need to testify. A statement by the person It would be considered obvious that the writer of the communication intended for this to be passed back to you.

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