QUESTION
Would an RO or what would be the best to proctect oneself and ones spouse from others?
Asked on Sep 02nd, 2011 on Civil Litigation - South Dakota
More details to this question:
My step son and his wife are constantly verbably downing my wife to the point when she is mentally exhausted and cant function for 4 days on end. His Wife has been in trouble with the law and we have reported her to Social services for various things dealing with their child. I have some copies of conversations from skype and from the phone. My wifes councelor says it is taking a toll on her.
1 ANSWER
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Unfortunately sometimes a restraining order is the best solution to such a problem. It can be a very major step and completely change the dynamics of a family structure so it needs to be thoroughly considered. It is difficult for anyone to enforce rules, laws or common curiosity against anyone without more of a black and white line which is what a restraining order creates. If one were dealing with a neighbor or a stranger they would request a civil harassment order but when dealing with a family member or someone which they have a "domestic relationship" with one must file for a domestic violence restraining order.
A domestic violence restraining order can merely keep the harassing person from having any contact with the harassed. Your wife would have to be open to filing for the restraining order as well as stopping contact with your stepson.
The filing procedures differ from state to state and the time lines differ slightly. Your best option would be to contact local counsel if this is the next step you plan to pursue.
Answered on Sep 07th, 2011 at 12:37 PM