Can I prosecute my mother's husband for emotional abuse for her?

You have no standing in that situation. It is a problem between your mother and her husband. She can file domestic violence charges with the police, or she can leave and sue for divorce. All you can do is give her your comfort and support, and encourage her to tell him to hit the road.

This is a very serious situation, more serious than you might realize. The only way you can, legally, stand up for your mother is by establishing in court that she is so emotionally distraught that she is legally incompetent, and that you - not her husband - should be appointed her guardian. As your mother's guardian, you will be able to obtain a restraining order against your stepfather (the court will, most likely, issue a temporary restraining order right away, if you ask for it). It is not difficult to start the proceeding. The problem is that, when you start it, your stepfather will oppose your guardianship (and it will be a nightmare if he, not you, becomes the guardian); you will have to prove that he is an abuser; your word will not be enough. From experience, I must caution you that victims of abuse often side with the abuser in any confrontation it is a part of the domestic abuse syndrome that perpetuates it: the victim feels that she is at fault and defends the abuser, or she feels ashamed and denies the abuse, or both. In addition, your mother will likely feel threatened that you are trying to take away her right to make decisions for herself (that's what the guardianship proceedings are); so she will likely deny all your allegations. Defense of herself and defense of her abuser husband will coincide - and that will make her incentive to fight against you very strong. It will also, psychologically, drive her away from you and make her feel betrayed by you, and very, very alone. If she has some suicidal tendencies already, this can very well push her over the edge. For this reason, it would be advisable to commit her into a psychiatric institution for evaluation, suicide watch, and therapy as a preventive measure. But imagine how will it make your mother feel to be confined, against her will, to a psychiatric institution. Another problem is that, with a restraining order in place, your step-father will have to live someplace else, and your mother will find herself alone. You have to ask yourself whether you are ready to move in with her (or to take her to your place), and provide her with the emotional support she will need daily for quite a while. She might also need financial support (even though it might be possible to get a marital support order against her husband from the court). In short, there are many aspects of this situation you need to consider. Find an abuse counselor who would help you make the right decisions, and help your mother. A good place to start is Safe Horizon ( http://www.safehorizon.org). If, for any reason, they cannot help you, ask for a referral to somebody else who can. Don't take no for an answer. Find a right attorney. The abuse counselor will likely have an attorney or two on a speed dial. If not, call the local bar association, explain the problem, and ask for a referral. Women's rights organizations that operate in your area should be able to help as well. I am leaving tomorrow afternoon, and will be at sea until September 3.

The best thing you can do is convince her to go to a divorce attorney, and help her pay the fee, to get away from him. I do not think you can have him prosecuted criminally, although if he assaults her, your mother can press charges for criminal domestic violence.

Is this not a decision your mother should make. Why doesn't she just leave. You cant do anything.

If you have specific information about rape or assault you can report it and see what the authorities are willing to do. Other than that, it is up to your mother to take action. Once she does, she can get rid of him pronto. She may not be able to get him behind bars but with a good lawyer she can get him out of her life.

You do not have standing to sue in your mother's shoes.

You could report the physical abuse to the police but I doubt they would listen. This is the point where you have to understand that your mother has to speak up for herself. She could get a protective order to keep him away. Just as beneficial, she can file for divorce. However, much like addicts, you can't make her do any of these things. She has to do them for herself. If she won't, there really is not much you can do for her.

It is you mother who has the complaint and there is little you can do until she determines to take action. Obviously she needs help.