Kenosha County court commissioner dismisses restraining order against 5-year-old

PLEASANT PRAIRIE, WI -- A Kenosha County judge has dismissed the restraining order filed against a five-year-old boy by the parents of a six-year-old girl who attends Prairie Lane Elementary School.


The girl's mother filed the restraining order against the five-year-old boy while her father Brian Metzger was at work. Days after the restraining order was filed, Metzger told us the school finally removed the boy out of the same classroom as his daughter. 


The Kenosha County judge dismissed the restraining order once the girl's mother failed to appear in court. We're told the mother was overwhelmed with all the media attention this restraining order attracted.


The judge didn't know how to enforce a restraining order on a five-year-old child. If the child violated that order it would mean the judge would have to entertain the notion of putting a five-year-old boy behind bars. Since the judge isn't willing to put the child in jail, he says discipline in this matter falls on the school district.


Metzger says he understands the judge's decision and is disappointed. He doesn't regret the restraining order, and will consider options with he lawyer. One option being considered is a sit down where the school district draws up a contract saying the five-year-old is not allowed in the same classroom as the six-year-old boy.


CBS 58's Sandra Torres tried contacting the boy's family, but according to a family friend, they do not want to talk to the media.


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