QUESTION

what happens if i file a restraining order against an in law that lives with me?

Asked on Apr 26th, 2021 on Restraining Orders - New Jersey
More details to this question:
My husbands son constantly starts fights with his father violently and has threatened me to beat me his wife to death and i'm terrified that he will kill either me or his father. He out weighs my husband at least by a hundred pounds and is much bigger than me. If he were to get his hands on me he would do serious damage as he has to his father many times. I just had 2 broken windows in our bedroom repaired because he put my husbands head through them, when they fight they destroy the house. You could compare him to Jason from Friday the 13th, he won't stop coming at you. He already has a 2nd degree felony assault and got 5 years probation at the age of eighteen. The kid he beat so badly jumped out of a third story window to avoid him but when he caught up with him he crushed the orbit of his eye socket and broke his collar bone amongst other bruising i'm sure the kid had. Now he is now 23 years old and scares the hell out of me. I dont know if this is harassment or domestic violence
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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If possible, I would talk with your husband about his son’s violence and that you cannot continue to have him in your lives any longer. If you cant have that type of conversation with your husband but have decided that you cannot continue to have him in your house or in contact with you, then you have the right to file a domestic violence complaint against him based on physical violence to you and verbal abuse and harassment. For your purposes, the more material you can provide the police with about incidents of violence against you and against your husband (in your presence) the better starting with the most recent incident. I would sit down and write out a detailed history of the sons violent history working backwards and a complete listing of as many violent incidents that you can recall where he was physically violent to you, pushing you, getting in your face, cursing at you, punching holes in walls, breaking objects in your presence with as much detail as possible as to the date of the incident, where it occurred and what he said to you of a threatening nature. Then compile the exact same list of incidents where he did the same thing to your husband (when you were present to observe it). Critical to a domestic violence complaint is a predicate act (recent incident that caused you to seek police intervention). With a recent incident, you can then provide the history of other bad actions by the son against you and your husband as part of the history. To file a domestic violence complaint, simply go to your local police station and tell them that you want to file a domestic violence complaint against your husband’s son who has lived with you, stating that you are fearful for your safety as a result of his violent outbursts directed towards you and your husband. Bring your list with you and make sure that you include everything from your history in the complaint even if the officer has to sit and write for a while. Do not shortcut the process by excluding violent incidents.  
Answered on Apr 27th, 2021 at 10:14 AM

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