My husbands sister has severe mental issues---threatened physical violence when I was 7 months pregnant; told my husband the baby wasnt his, spread other misc. lies. She has texted us multiple times in the last year threatening to break in to our house. She has become fixated on my infant daughter but my husband and I feel uncomfortable around this woman ourselves and certainly do not want her around our daughter. Is there any way to legally keep her away?
Yes. You can file for a protection order. These forms are usually available through the district attorneys office if you want to represent yourself or you can hire an attorney to draft and litigate the motion.
Kate Zigtema, [email protected] Law Office of Kate Zigtema Ph: (913) 647-7567 website: www.zigtemalaw.com Legal disclaimer: This communication does not create an attorney client relationship or confidential privilege. Communications on this forum do not constitute legal advice and are meant to provide general information. Individuals are strongly advised to consult an attorney for specific legal advice that is tailored to their individual situations.
I agree with Ms. Zigtema. And, this is one of the rare cases where you can have a reasonably good chance of success even without an attorney. File through the county and, if the court finds that there it is reasonable for you to be concerned about an imminent threat, then they will enter a temporary order and set the matter for hearing.
If she is stalking or harassing, then an order may be helpful. If she is really crazy and a physical threat, then the order doesn't do as much. It's already illegal for her to break into your home, the order doesn't make it any more illegal.
If you have threatening texts, however, you may be able to present them to police/prosecutors and ask that charges be filed against her.
This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your situation, please consult an attorney. The answering of this question does not create an attorney/client relationship, and the poster should seek additional information from qualified legal counsel. Many attorneys, like ours, offer no-cost consultations.
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