Me and my girlfriend are 18 and 19 years old. In June of 2016 my girlfriend moved in with me and my dad after being kicked out of her house two weeks after her graduation. Throughout her life she was physically and verbally abused by her mother - whom is a chronic alcoholic.
In the 10 months that my lady has lived with me her mother has defamed my name by telling lies to her other family members and friends and continues to harass me and my girlfriend through Facebook and text messages. Even when she is blocked she finds a way of contact.
Both me and my girlfriend are under verbal attack from her mother and it's effecting our work and social life. I already have been diagnosed with severe depressive disorder and took benzodiazepines in the past for anxiety and her mom is just pushing me to get back on medication.
What can we do? I'm thinking about filing a restraining order at the courthouse so that her mother can't be in contact with me or my girlfriend for a very long time. I think that because of my girlfriends past physical abuse living with her mom and that she continues to harass her and myself that it will hold up in front of a judge.
Pleaes help </3
Injunctions ("restraining orders") are only granted in cases defined by the statute. The statute is a list of crimes. Though it sounds like her mother has definitely annoyed you , It doesn't sound like her mother has committed a crime. I think it is unlikely that an injunction could be granted in the case you describe.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
Maybe yes maybe no. That decision is left to the Judge. To qualify for a DVRO you need to:
1) Be the victim of “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
2) By a “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
If you can prove 1 & 2 then, theoretically, the Judge should grant you a DVRO.
That said, your odds at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on your behalf.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
It is possible. To succeed you will have to convince the judge through testimony and other evidence that your girlfriend's mother has committed acts falling into the laws criteria for such a stay away order to be granted such as stalking. Evidence such as that posted on line as well as testimonial evidence of subpoenaed witnesses must be must be presented to the judge. I strongly advise you to hire a competent and experienced criminal defense or family law attorney to put together a case persuasive enough to convince a judge to issue an injunction against her mother. I wish you and your girlfriend well and hope my answer to your question is helpful.
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