I have a child support case with my ex, where I have had to drag him into court to get him to pay. His bitter elderly mother continues to harass me because of this. Like...retaliation. She makes calls against me (INS, DSS, etc). She tried to get a restraining order against me, but couldn't have me served. I don't speak to her, I don't have any contact with her, unless she escorts her son to court for our hearings. Can I actually get a restraining order against her to make her stop???
2006-10-09 03:33:46 · 13 answers · asked by hairstylist1970 2 in Politics & Government ➔ Law Enforcement & Police
I don't do anything and I don't say anything. When I did, she just continued on, and it was better for me to not get involved in her games. I did get something from INS, but they do not release the source. She had done the same thing when I was pregnant. Plus, how will it look if I get a restraining order against a woman I could knock flat on her ***?
2006-10-09 03:53:20 · update #1
To Ellie04:
Your answer is very helpful. We are not married and my son is almost 17. She tried to get an OP, but because I had my address impounded, she was unable to have me served and it was dropped. To get an OP, you have to be in fear of your life, yet she had no problem calling my cell phone and appearing in court with her son, and shoving me. I've spoken to her son (who, besides the child support issue, is not all that bad of a person) and he said he would talk to her about the harassment. Her other ex daughter in law emails me telling me how she has it out for me, and a constable who spoke to the old bag, told me to be careful because she will relentlessly cause me problems. These are the hags words. She won't mind her business and she won't just go the hell away.
2006-10-09 14:27:01 · update #2
If you and your "ex" are still married then you can request an order of protection in Family Court because she is still your mother in law. You can request one because she is contacting you for the sole purpose of annoying and harassing you.
However, if you are no longer related by marriage then you will have to pursue an op through criminal court. This means that she will have to actually commit a crime against you and you will have to press charges against her.
It is not illegal for her to contact DSS or to try and get an OP against you. But, keep track of all of these instances and keep track of all of her phone calls to you. Keep record of all contact you have with her and periodically contact police if you feel that she has done something illegal against you. Save every scrap of evidence!
Another option for you would be to apply for an OP against your ex in Family Court (you still can even if you are not married, so long as you were married at one point OR had children together). You can then put a provision in it that there is to be no third party contact and then name his mother as one particular third party. It will be up to the Family Court Judge whether this is granted, but I have seen it happen. You can obtain the paperwork at your local Family Court office and fill it out yourself or take it to your local DV agency.
Edit: Some of the other posters are over simplifying it. It is not as easy as just asking for an order of protection. You will have to request one in front of a judge and prove that you need it, unless she commits a crime against you. Also, don't confront her. This will only fan the flame and give her something to use against you. Contacting INS and DSS will not help you either. But, they are not dumb. Eventually they can go after her for falsely reporting a crime.
2006-10-09 04:37:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
start writing down every time she harass you, date ,time, what happened, where it happened, any witnesses , then when you have enough information, go ahead and get a restraining order against her.....if she calls you, get a machine that will record her telling you off. date and time the calls, and take that to court also....age should not be a factor in this case, and so what if she is older than you, harassment is real, and it is good for you not to smack her, then you would be in trouble and then the kids would go to their father and you do not want that to happen for many reasons....
2006-10-09 09:42:39 · answer #2 · answered by churchonthewayseniors 6 · 0⤊ 0⤋
Yes you can if you live in the united states . It is called harrassment and it should be stopped . He is a mama's boy she actually escorts him to court? OMG what a wuss. And I would speak to her and tell her that her son is old enough to come to court by himself . Notify the departments that are calling you of what is going on and they will stop taking calls from her . They will put it in the computer that it is her and they will stop bothering you and they might even go after her for making false charges. But yes absoloutly get an order against her. I had an ex-boyfriend who had his sister make calls against me to dcf well I told the lady who came to my house and she wrote it in the report and the next time she called the police paid her a visit and told her if she did not stop they would arrest her. Good Luck and I hope this helps.
2006-10-09 03:45:28 · answer #3 · answered by Kate T. 7 · 0⤊ 2⤋
why are you so angry that you would knock an elderly down on her *** maybe counseling will afford you some understanding its not your job to drag anybody to court that's why you have an attorney and a court system anybody can get a restraining order if you think it will help spend the extra 500 the mouth piece will charge you why not change your zip code
2006-10-09 04:35:50 · answer #4 · answered by aldo 6 · 0⤊ 1⤋
Get a no contact order. Easier than a restraining order. If you get a lot of face to face trouble from her, get an order of protection.
2006-10-09 04:33:11 · answer #5 · answered by Meow the cat 4 · 0⤊ 0⤋
Do you have any proof that she is doing this? Telephone records? When I was going through my divorce, my lawyer told me that behind every guy that does not what to do right by his child is a vengeful older women pushing him. It wouldn't hurt to try to get even a temporary order.
2006-10-09 03:45:13 · answer #6 · answered by gabbien 2 · 1⤊ 0⤋
probably. talk on your lawyer or the community courthouse. For something like this, you may pass to the professionals, no longer somebody who has a jiffy spare time and get admission to to a working laptop or laptop and a modem.
2016-10-16 00:09:36 · answer #7 · answered by lander 4 · 0⤊ 0⤋
Speak to a lawyer.
2006-10-09 03:36:14 · answer #8 · answered by jerofjungle 5 · 1⤊ 0⤋
The odds seem to be against you.
2006-10-09 03:43:41 · answer #9 · answered by Seagull 6 · 1⤊ 0⤋
You should speak to an attorney.
2006-10-09 03:42:41 · answer #10 · answered by Anonymous · 1⤊ 0⤋