Can i get a restraining order against my mother in law?

Asked about 4 years ago - Riverbank, CA

My mother in law has been living with us for 2 years. Any ways to make along story short we were in the process of buying a new house and decided not to let her go with us so we could have more time with our 3 kids. Her mom was ederly and needed some help she also had her own place, she even offered it to my mother in law but she was not having it. She began to throw a fit like a teenager would, telling my kids that mom and dad dont love her. After, we tried to talk about it she tried to provoke me into hitting her by hitting me. A person could only take so much. She started to call all my family and began telling them that i was a horrible person. Even as much as saying that i am in trouble with the law. Family would call and tell me these things and say to keep my distance. What do i do

Attorney answers (2)

  1. Gary D Sparks

    Pro

    Contributor Level 12

    Answered . To qualify for a Domestic Violence Restraining Order in California, you must have one of the following relationships to the person you want restrained:

    - Spouse or former spouse
    - Person with whom you share or shared a living space
    - Have or had a dating/engagement relationship
    - Parents of a child
    - Relative to the second degree (grandparents, but not cousins)
    - In-Laws

    To qualify for a Domestic Violence Restraining Order the person you wish to have restrained must have committed at least one of the following acts:

    - Recent physical violence (usually within the past 6 months)
    - Recent threats of physical violence (past 3-6 months)
    - Harassment (excessive phone calls, threatening or upsetting notes etc.)
    - Recent sexual assault or molestation
    - Stalking
    - Verbal abuse (only where very severe)

    Given your scenario, you could apply for a restraining order through your local family court. Go and visit the family law facilitator at the courthouse, and they will help you with the paperwork and procedure.

  2. Lisa Lynn Thiessen

    Contributor Level 8

    Answered . The courthouse in Stanislaus county has a pro per (free) clinic located on the second floor. Assistance is on a first come first served but they should be able to direct you in the right direction as to the documents necessary if you determine you need a restraining order. If you feel that matter is more complicated it may be worth the cost of consulting with any attorney.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,480 answers this week

2,865 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,480 answers this week

2,865 attorneys answering