Restraining order

[singlemommy]

What is the name of your state? CA

I am a single mom of a newborn boy, and my ex-boyfriend ( the legal dad) and I have joint physical custody and I have sole legal custody of my son. I am sending this post because I want to know when I am receiving phone calls, voice mails, etc. from the ex-boyfriend's sister, that these threatening messages, and annoying phone calls can be grounds for a restraining order?


The only clause to this is that my ex still lives @ his mothers house. The sister also goes back to that same mother's house on the weekends and when she has vacation time. Is this restraining order only affective on me or my son as well? I do not want to be around this sister and the attitude, problem. I want to be left alone. But, I do not want this sister to be saying things to my son when he is older that will cause a conflict with me and my ex-boyfriend, and his entire family.

What I am asking is whether or not this restraining order is viable, and if so, do custody orders need to be revised?

[CdwJava]

Originally Posted by singlemommy

I want to know when I am receiving phone calls, voice mails, etc. from the ex-boyfriend's sister, that these threatening messages, and annoying phone calls can be grounds for a restraining order?

They CAN, but a judge might not find them compelling enough to issue an order.

The first thing you might want to do is make a report to the police for "annoying and harassing phone calls" pursuant to PC 653m.

Then, go to the court house and see about applying for a restraining order to prevent the behavior.

Is this restraining order only affective on me or my son as well?

You can add your son and a judge will decide if he will be made a party or not.

But, I do not want this sister to be saying things to my son when he is older that will cause a conflict with me and my ex-boyfriend, and his entire family.

I doubt you will be forever able to insulate your son from his aunt. It just is not likely to happen. So, if there is something to do that can help resolve this problem, you might consider it. A restraining order may make a bad situation worse, and is likely not going to - in the end - keep your child from his aunt's company at some point in time.

You can also seek a mod to the custody and visitation orders to prevent unsupervised contact with the aunt, but, again, this is subject to a judge's decision.

- Carl