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Is a Protection Order Likely to Be Granted?

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Happyfamilyof6

Junior Member
What is the name of your state? New York

Hello,

A couple days ago my decade long estranged mother-in-law corned my wife and my daughter during shopping checkout. My wife told her to leave them alone, but she continued to cause a scene, ranting at them, and threatened to call CPS. The cashier called for a manager, and he made her leave their space.

During bagging, she came at them again, this time holding up a camera, ranting, and taking pics of both of them. My wife told her to leave them alone again, but she turned to my daughter and told her how we were liars and brainwashers. The cashier noticed this, and came to tell her to leave them alone and she couldn't take pictures. My mother-in-law turned on her, and shouted she had rights and could take whatever pics she wanted. Cashier called the manager again who made her leave the area again, and stayed with them to make sure she wouldn't come back. There was more ranting in the parking lot, but they kept their heads down and left as soon as possible.

My mother-in-law is vindictive crazy, and has called CPS on us 3 times, numerous well-checks, a failed GPV suit, and more. She has also friended anyone my wife was ever associated with on Facebook to smear us. Besides the character assassination on Facebook, she has also disclosed my wife's place of work- encouraging people to ambush her, repeatedly says my full name, which would no doubt come up if an employer searched for me, encouraged a 'beefy' estranged relative to come over and 'say hi', and also recently encouraged someone to come here to beat me up. We have kept screenshots of all of these posts and communications. She has also asked people who see us out in public or my children playing in the yard to take photos of them. She regularly does background checks on my wife, and posts whatever pics she finds. It's pretty crazy, and has altered how we live our lives and who we share ourselves with.

My wife called the police to document the incident once she got home, and he suggested she file for an order of protection, which she did Friday. Both my daughter and wife were frightened by the confrontation, and we do not know how she will react with this face to face interaction- what kind of punishment she will dole out, who she will send here, and what they might do. In the past she admitted she 'needed help', and was suicidal, and she does have access to guns. My wife feels like now she knows she has nothing to lose, since my daughter (her obsession) shut her down, and will ramp up her usual activities, or worse. She is afraid to leave the home, or go on planned activities with my kids. My mother-in-law saw our car, which is very distinctive, and we expect she would see it and come at any of us again if out in public. This interaction was with my oldest child, but we do have 4 younger ones who would be even more upset to have this happen.

We feel like the long history of abuse by proxy and encouraging someone to come to our home to kick my a**, have people antagonize my wife at work, and picture stalking combined with this incident and my wife's fears should get us a little protection, but the officer said it didn't sound like she actually broke any laws to the point of being criminal.

Additionally, the officer stated he did not want to go interview her as to not incite her further, and we doubt that he went back to the store to gather witness statements.

My wife waited at the courthouse for several hours Friday to see the judge, but they decided it wasn't an emergency and scheduled an 'Initial Hearing' for this upcoming Thursday. We aren't sure what to expect at this hearing, and are concerned about the witness statements that would definitely help her case. I was wondering if she could go back to the store and ask for them herself so she had something to take with her on Thursday.

I'd really appreciate any insight on what she should expect at this hearing, and if it would be necessary to bring our daughter (who is 18, but still upset over the encounter). Also, does this sound like we have a case to have this order of protection granted?

Thanks so much for any advice or help. I am willing to elaborate on any details if needed.
 


LdiJ

Senior Member
Yes, your daughter needs to be there, in fact, I believe your daughter is 18 and might even need to file her own order of protection.
No, a witness must actually be present. The witness may not write a letter to give their testimony, as a letter cannot be questioned by the opposing party.

Your wife has already posted this story and has gotten a lot of good information.
 

adjusterjack

Senior Member
You have a lengthy discussion on another site where all those questions have been answered. The answers aren't likely to change here.
 

Happyfamilyof6

Junior Member
Yes, your daughter needs to be there, in fact, I believe your daughter is 18 and might even need to file her own order of protection.
No, a witness must actually be present. The witness may not write a letter to give their testimony, as a letter cannot be questioned by the opposing party.

Your wife has already posted this story and has gotten a lot of good information.
Thank you for your response. I know my wife did, and sincerely appreciate the advice that was offered. I was looking for as much opinion as possible and more clarification on the witness statements and what to expect at the initial hearing, and this looked like a more active forum.

Thanks again.
 

LdiJ

Senior Member
Happyfamilyofsix, why did you move back to NY? The further you are away from her the less harassment you have to deal with. Although I still think you need the protection order.
 

Happyfamilyof6

Junior Member
Posting hx: https://forum.freeadvice.com/threads/jurisdiction-question.462104/

Frankly, I'm amazed your family hadn't already gone the protective order route.

At this point, report any silliness between now and the court date to police. This woman has crossed so many lines, that anyone in cahoots with her has to be a loon as well.
We have asked the police whenever they come here what we can do to protect ourselves, and they have told us she has freedom of speech and opinion, unless we could prove they had caused loss of employment or she had threatened us harm. So basically, they shut us down and even tried to play mediator, which my wife shot down.

The posts encouraging others to hurt me are very recent. She seems to know to triangulate situations without incriminating herself. She used the anonymous options for reporting and asking for well-checks most of the time. This is the first time she did something in public in all of this time., the first chance she had seen my wife out.

There hasn't been any known activity yet, but we are very guarded. My wife refuses to leave the house other than to go to court and will only go in the backyard. She can't sleep and has barely eaten. It makes me sick.

There was some Facebook reactions to the grocery store confrontation that MIL posted, and my wife took screenshots. Nothing threatening that we could see, just more ranting and even called my daughter a 'hateful b****''. Someone must have told her the public posts could be damning, since she has since hidden public viewing.
 

Happyfamilyof6

Junior Member
Happyfamilyofsix, why did you move back to NY? The further you are away from her the less harassment you have to deal with. Although I still think you need the protection order.
All of my family is here. It was hard on the kids (all under 10 at the time) and us being away from my parents especially, and we made the hard choice to come back to be close to them and be a family again. Now that the kids and my parents are getting older (and retiring soon), we have been thinking about going back south and convincing my parents to move with us.. I agree with you distance made the immediate threat better, but MIL does have wife and older kids SSN's, and disposable income. We feel pretty strongly she will come at us no matter where we are, and at least here she has a reputation and hopefully soon that order of protection.
 

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