From the moment my soon to be ex husband and i moved in together in january 2016, his mother(the woman i want to stay away from my children and i) attacked me several times, scratched me, tore my dress, threw objects at me, striked me across the face with her cellular device and opened my bottom lip open, also striked me with a stick and threatened ro take my now 1 year boy away " whereever" i would go she said she'd find me and take my son away. I caughty first and onlY felony in 2014 for defending a 10 year old girl who was being molested by her stepdad in the living room where she slept(no one got hurt)and i confided this to my mother in law then she started using it against me to abuse me and blame it on me saying no one would believe me because i was the one with the record. Bottom line, my soon ex husband is now sending her(in law, his mother) to the exchange to pick up my 1 year old for parenting time with my husband(i was granted a 3 year DV restraining order and full custody of my son) and i do not want contact with this woman. Can i file a restraining order to have her stay away from my son and i even if the last time was 4 months ago?
I assume you made no police reports on any of this previous abuse by mother in law.How about witnesses ? Yes you can file against her don’t know if you will prevail though You also could indicate to Court in you and husbands case your level of discomfort with third party chosen for exchange and ask for different person
Assuming that you and your mother in law did not have a close relationship, I believe that the appropriate restraining order for you to pursue would be a Request For Civil Harassment Restraining Order(s). However, the burden of proof would be on you, and the burden of proof is clear and convincing evidence.
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