Can Mother have daughter arrested for assault?

What is the name of your state (only U.S. law)? Texas
My wife got beat up by her daughter a couple of months ago but did not file charges. Now her daughter is threatening her again but the county will not let her get a restraining order unless her daughter actually does it again. What else can be done. Mama is scared of daughter. She calls her work to threaten her.

wilrmal2 said:

What is the name of your state (only U.S. law)? Texas
My wife got beat up by her daughter a couple of months ago but did not file charges. Now her daughter is threatening her again but the county will not let her get a restraining order unless her daughter actually does it again. What else can be done. Mama is scared of daughter. She calls her work to threaten her.

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then she should have done something at the time of the assault.

wilrmal2 said:

What is the name of your state (only U.S. law)? Texas
My wife got beat up by her daughter a couple of months ago but did not file charges. Now her daughter is threatening her again but the county will not let her get a restraining order unless her daughter actually does it again. What else can be done. Mama is scared of daughter. She calls her work to threaten her.

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Is the daughter a minor? Living with mom?

What is the "threat" made?

Did your wife report these new threats to the police? If so, what reason did they give for inaction?

Mom is afraid of daughter

Carol's daughter is 34 years old. She is used to getting her way with her mother. They were on a weekend trip to the coast when her daughter beat her up. She did not call the cops because she had no reception at the time. Her daughter cooled down later she says. Yes, her daughter and her daughters kids have live with us off and on since 2003. Her daughter does not and has never worked for a living. She has always had some boyfriend or her mother pay her rent when not living with us. Carol finally started saying no to her daughter. She and her kids have since moved out of our house again. Her boyfriend can pay for everything now. Her daughter, Shelly calls her work and tells her she wants a thousand dollars or she is going to the police and nursing board to get her fired. Merry Xmas to Shelly. She will get no more money from mama.

Obviously mama should have put her foot down, or up...well, I won't go there, long ago. Glad to hear she is finally doing so now.


The police and courts often look at a situation such as the previous incident as: if you didn't think it important enough to do something about it then, then it must not have been that important and they aren't going to waste their time on the issue.

Who is Eligible for a Protective Order?

If the court finds that family violence has occurred and is likely to occur again, a court shall render a protective order. To obtain a protective order, the victim and the offender must be (1) related by blood or marriage, (2) living together, or previously lived together, or (3) have a child together.

A person who has a divorce pending is eligible for a protective order. The protective order must be filed in the court in which the divorce is pending.

How Can I Get a Protective Order?

You can apply for a protective order through the district or county attorney, a private attorney, or through a legal aid service program. The application must be filed in the county in which you or the offender lives. There are no minimum time limits to establish residency, and protective orders are available in every county in Texas

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.

If the other incident was the only incident and nothing had been reported to the police, they may not accept that as violence had occurred.

Who has she inquired with concerning the protective order? If just the police, skip them and follow the contact directions above. If she has filed for one with the courts and been denied, about all she can do at this time is report threats to the police. She also needs to start documenting every contact made and a summary of the conversation. If there are enough calls, the police may at least make contact with the daughter.
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Mother scared of daughter

Thanks for your reply. That makes sense to me too. I think they should just distance themselves from each other for a while, and I mean until her daughter can provide for her and her kids on her own without mama. Her boyfriend, by the way is almost old enough to be her dad. She knocked two of his teeth out this year too.

Sounds like the daughter is a menace.

Mother is afraid of daughter

Never a dull moment with this one. If only she would unleash her rage for the good. That would be different. Maybe even find a job at the young age of 34.