GP rights and harassment

[sweetpea409]

What is the name of your state (only U.S. law)? Michigan

My mother-in-law has not been allowed around me or my toddler son for about 18 months. I have no plan on ever letting her around either one of us, unless my son chooses to have contact with her when he is older. This was a decision that I spent ample time thinking about before I made it.

Anyway, she has threatened GP rights a few times, but as far as I know, she has not followed through. I know for a fact that she would have no case if she did follow through.

However, she has been harassing me via email and texting for the past two years. I have made it clear that her contact is not wanted, but I can not block her number on my phone, as it is a prepaid, and she got our new number from mutual friends. (Small town) So I want to send a cease and desist letter from me, for ceasing all contact of any form, or face legal action. I have a template that I can use, but I am wondering about the legality of me sending one, and how to go about it the correct way. If she doesn't comply with the Cease and Desist letter, I will try to file at the court for something more legally binding. But I'm hoping this will get her to leave me alone, because the harassment is escalating. I have saved messages of me asking her to leave me alone, and her replying that she will never stop. There has to be something I can do!

Thank you,
-sweetpea

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan

My mother-in-law has not been allowed around me or my toddler son for about 18 months. I have no plan on ever letting her around either one of us, unless my son chooses to have contact with her when he is older. This was a decision that I spent ample time thinking about before I made it.

Anyway, she has threatened GP rights a few times, but as far as I know, she has not followed through. I know for a fact that she would have no case if she did follow through.

However, she has been harassing me via email and texting for the past two years. I have made it clear that her contact is not wanted, but I can not block her number on my phone, as it is a prepaid, and she got our new number from mutual friends. (Small town) So I want to send a cease and desist letter from me, for ceasing all contact of any form, or face legal action. I have a template that I can use, but I am wondering about the legality of me sending one, and how to go about it the correct way. If she doesn't comply with the Cease and Desist letter, I will try to file at the court for something more legally binding. But I'm hoping this will get her to leave me alone, because the harassment is escalating. I have saved messages of me asking her to leave me alone, and her replying that she will never stop. There has to be something I can do!

Thank you,
-sweetpea

I doubt that a cease and desist letter will do you any good. A a cease and desist letter can do is attempt to scare someone into leaving you alone. They really don't have any legal "bite". What you can do however is delete her emails unread, and ignore her texts. If she gets no reaction from you, she will eventually stop.

 

[Ohiogal]

I doubt that a cease and desist letter will do you any good. A a cease and desist letter can do is attempt to scare someone into leaving you alone. They really don't have any legal "bite". What you can do however is delete her emails unread, and ignore her texts. If she gets no reaction from you, she will eventually stop.

Actually what the letter does in many cases is trigger harassment statutes being able to be used. If she sends the letter and has proof she sent the letter, then she has evidence that she attempted to get this woman to stop and this woman is actually harassing her with every contact.

 

[sweetpea409]

I do have proof of the harassment, and I was hoping to send the C&D in order to either scare her into leaving me alone, or if it comes to it, having more on my side if it comes to legal action.

Thanks for the thought of just ignoring, but I've been doing that for well over a year, and the harassment only escalates. I have a 3 year old, and I'm not willing to wait it out and see how far she will go. She has already screamed at me in front of my toddler, after finding me somewhere in public, followed me around a grocery store, waving her arms and yelling to get my child's attention, and she's also had her drunk friend snatch my child away from me at a party, and this friend whipped him around out of my reach every time I tried to get him back. My child was 1 at the time, and my mother in law was not yet cut off from our lives. My child was almost dropped on concrete. So she obviously has no filter on how far she will go, so like I said, I am not willing to continue to just ignore and watch it escalate.

 

[LdiJ]

I do have proof of the harassment, and I was hoping to send the C&D in order to either scare her into leaving me alone, or if it comes to it, having more on my side if it comes to legal action.

Thanks for the thought of just ignoring, but I've been doing that for well over a year, and the harassment only escalates. I have a 3 year old, and I'm not willing to wait it out and see how far she will go. She has already screamed at me in front of my toddler, after finding me somewhere in public, followed me around a grocery store, waving her arms and yelling to get my child's attention, and she's also had her drunk friend snatch my child away from me at a party, and this friend whipped him around out of my reach every time I tried to get him back. My child was 1 at the time, and my mother in law was not yet cut off from our lives. My child was almost dropped on concrete. So she obviously has no filter on how far she will go, so like I said, I am not willing to continue to just ignore and watch it escalate.

Have you considered moving?

 

[justalayman]

I do have proof of the harassment, and I was hoping to send the C&D in order to either scare her into leaving me alone, or if it comes to it, having more on my side if it comes to legal action.

go to the courts and seek a PPO. Not sure why you have waited so long.

 

[sweetpea409]

No, I have not considered moving, as I just bought my first house, and I'm an hour away from my mother in law now. Still doesn't stop her from bothering me.

I didn't get a PPO, because I was under the impression that in my state I might get denied a PPO even with the evidence I have. Which is why I'm doing the cease and desist letter first. I was just wondering if there is any specific wording I need for the C&D or does it not matter, as I'm not having a lawyer draw it up. There's not a lot of info out there regarding C&D's, except for one against debt collectors.

 

[justalayman]

No, I have not considered moving, as I just bought my first house, and I'm an hour away from my mother in law now. Still doesn't stop her from bothering me.

I didn't get a PPO, because I was under the impression that in my state I might get denied a PPO even with the evidence I have. Which is why I'm doing the cease and desist letter first. I was just wondering if there is any specific wording I need for the C&D or does it not matter, as I'm not having a lawyer draw it up. There's not a lot of info out there regarding C&D's, except for one against debt collectors.

Michigan has a stalking PPO which as you describe your situation, seems to be applicable.

http://www.michigan.gov/documents/mdch/PPO_Brochure_2_175594_7.pdf

In a personal protection order (PPO), a court orders
another person to stop threats or violence against
you. There are two types of PPO:

1. Domestic PPO: You may get a domestic PPO if
the person you want protection from is:
• your spouse or former spouse.
• someone with whom you have a child in common.
• someone you are dating or dated in the past.
• someone who lives now, or has ever lived, in the
same household with you.
You must show the court that this person is
interfering with your personal freedom or has
threatened or committed violence against you.

2. Stalking PPO: You may get a stalking PPO
to protect you from anyone else who has done a
pattern of two or more acts without your consent
that make you feel threatened, harassed, frightened,
or molested.

You may not get either type of PPO against your
minor child. A minor child cannot get a PPO against
a parent. In these cases, contact the Juvenile
Division of the Family Court.

an example of a cease and desist letter:

May 20, 2012

(insert name of person you are addressing this to here)

stop attempting to make any contact with me

sweatpea

You do not need to threaten or infer you will take other actions if they refuse to comply. The demand is what you are attempting to express.




btw: regarding a C&D to a collector:

an example:

stop attempting to make any contact with me

 

[sweetpea409]

Thank you so much justalayman! That is exactly the information that I needed, and I very much appreciate it.

The part about the minor child: does that mean that you just can't get a PPO between a parent and a minor child, but I can get a PPO for myself and my minor child against a person that is not my child's parent? Or can you not get a PPO for a minor child against anyone?

 

[justalayman]

The part about the minor child: does that mean that you just can't get a PPO between a parent and a minor child, but I can get a PPO for myself and my minor child against a person that is not my child's parent? Or can you not get a PPO for a minor child against anyone?

A person cannot get a PPO against their minor child nor can a minor child get a PPO against their parent. A minor child can get a PPO against anybody other than their parent (as long as the courts agree with the need) and you can get a PPO against anybody except your own child while they are a minor (as long as the courts agree with the need).

 

[sweetpea409]

Okay, thank you. I feel confident that I can show the need for the PPO to be for my child as well as myself, because there has been twice that she confronted me in public, acting crazy, and my child was there with me to witness the whole thing. The second time she found us in public, she followed us in the store and got in line behind us and was trying to get my child's attention, even after I clearly stated that she needed to leave my child alone.

I looked at the PPO form for my state, and the only thing that confuses me is regarding my child, would I just put both of our names on the "Petitioner" line? There is no spot on the form that mentions children, so it seems that would be the only place to mention the child as needed the PPO as well.

 

[justalayman]

I'm sorry but I cannot give you a dependable answer. I believe you would actually seek two orders; one for you and one for the child but not sure. You might be able to get that info from the court clerk with a telephone call.

While looking for that info I did run across this, which is a good explanation of the process:

http://courts.michigan.gov/scao/courtforms/personalprotectionorders/p02.pdf

In case you have not found all the necessary forms:

http://courts.michigan.gov/scao/courtforms/personalprotectionorders/ppoindex.htm
http://courts.michigan.gov/scao/selfhelp/protection/ppo_help.htm#forms