A Kenosha County Circuit Court Commissioner has refused to issue a restraining order against a 5-year-old Pleasant Prairie boy, accused of bullying a classmate.

A temporary restraining order had been issued against the boy, and a hearing was held to determine if the process should continue. Court Commissioner Jon Mason said he had never heard of a restraining order being issued against a child that young; a call to state court officials confirming there was no precedent for the move.

Mason noted that children of that age act impulsively, and would be unable to understand the restrictions imposed by the order. He said if the it were violated, the child could not be jailed or kept out of school.

Following the hearing, the victim’s father said he’s disappointed, but understood the commissioner’s reasoning. Brian Metzger says he is working on other ways to make sure the situation isn’t repeated. “Sitting down with the school system harder, making out a contract, making them sign something saying ‘you’re gonna look after my kid and everybody else’s.’ You know, this isn’t just about mine anymore.” He’s heard feedback from other parents who say their kids are also dealing with the same thing. “I just took it, apparently, to the next level because I didn’t know how to deal with it. I didn’t.”

Metzger said he will continue to take the steps he feels are necessary to keep his daughter safe. “Only reason we did it is because I wasn’t getting any result. I didn’t know what else to do. I am just trying to protect my kid.”

The kindergarten boy is accused of hitting his classmate with rocks and sticks and threatening to bring a knife to school to slit her throat. The boy has been moved to a different classroom.

AUDIO: Janet Hoff report 1:18

Janet Hoff, WRJN

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