I have a restraining order on my husband ( DV) can I get a restraning order on my mother in law.?

I have a 5 year restraining order on my husband,domestic violence. my husband violated his probation on dec 18th 2009 and is back in jail til 03/22/10. my mother in law blames me and has gotten a durable power of attorney unlimited for my husband. she has filled out divorce papers and signed them ,he is in jail and i don't think he knows. she has signed over the vehicles in to her name first before she filed, she claims that she has grandparents rights and power of attorney so she come to our house anytime to get what she thinks her son needs and is his. I don't feel comfortable with her around our girls. can i get a restraining order on her?

Antioch, CA -

Attorney Answers (2)

John M. Kaman

John M. Kaman

Domestic Violence Lawyer - San Francisco, CA
Answered

There is no such thing as grandparent's rights in CA as regards minor children. She also lacks the right to file a divorce in your husband's name without his knowledge based on a durable power of attorney. You can probably get a restraining order against her but it would be a civil harassment order not a DV protective order like you have against your husband. The forms are available at the superior court in your county office of the clerk.

Antonio Arturo Cota

Antonio Arturo Cota

Criminal Defense Attorney - Corona, CA
Answered

You should probably consult with a civil or family law attorney. You can get a restraining order based on harassment. You can also prevent the children from seeing the mother in law since she has no rights with regard to them.

You also may have rights to the vehicles if they are community property (that is, purchased during the marriage or with assets acquired or earned during the marriage), and you may still have some financial obligations for the vehicles. If this is the case, you should see someone to help you put a stop to this.

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