Published: Aug 06, 2014 10:21 AM EDT
Updated: Aug 06, 2014 5:35 PM EDT

COLLIER COUNTY, Fla.- A restraining order filed against Sgt. Amy Young was dismissed in court this morning. The ex-wife of Officer Luis Monroig had asked for the restraining order, following his death, in what investigators called a domestic dispute with Young.

Nina Diaz-Monroig filed the petition on behalf of her children. She says she is in fear of Naples Police Sergeant Amy Young. Diaz-Monroig claims Young shot herself and Luis Monroig in the head, killing him during a domestic dispute last month, while two of Monroig's children were in their Estero home.

The judge said there wasn't enough evidence that the kids are in danger, because Young has no custodial rights to them.

Lee County deputies have not yet released details on who pulled the trigger or the 911 calls, saying the investigation is still very active.

Diaz-Monroig was very emotional in court, and cried a few times while talking about how she needs to protect her children. She said they were upstairs sleeping when they shooting happened, and that Young knew the kids were there at the time. Diaz-Monroig said she could have been burying three people instead of one. She said we still don't know whether Young committed the crime, but said that she could have.

Diaz-Monroig also said she's been uncomfortable with Young since she and Monroig began dating.

Count on WINK News to continue following this developing story.