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Is it possible to get restraining orders against several members of my family?

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Old Oct 28th, 2012, 04:22 AM   #1
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Confused Is it possible to get restraining orders against several members of my family?

My fiancee and I were physically attacked by several of my family members when we attempted to visit my dying father at my aunt‘s house, after being told to come over. They've tried to press charges against my fiancee for assault (even though anything done on our part was done in self-defense) and have reported us to CPS with several false accusations in an attempt to hurt us. They threatened to have us arrested if we returned and we've noticed them driving past the house several times, but they've "played nice" since the incident. I've just been informed that they've continued conspiring against us. After my father passes away, there's talk of several of them verbally and/or physically attacking us again (they've even called the sheriff's station to confirm that officers aren't able to be present at the funeral) and trying to have us evicted from the house we're currently living in, among other things. We have no proof that they started the fight and they have more people to back up their false story. Right now, it's the two of us against three of them (and there's no telling how many more people they've gotten involved in their plans). I want to know if I'll be able to get restraining orders against the family members involved (the three that originally started everything and any that take part in their plans to attack us at or after my father’s funeral). My father isn't doing well, he could go at any time. It's bad enough that they've done everything they can to make the situation there as stressful and uncomfortable as possible to discourage me from visiting him, but there's no telling how much they're plotting and how much worse things will get. My concern now is protecting us and our children from further attacks and attempts to hurt us when the time comes.
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Old Oct 28th, 2012, 08:19 AM   #2
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Default Re: Is it possible to get restraining orders against several members of my family?

It sounds like there is a lot going on that you are omitting. You can certainly attempt to file for restraining orders against anyone. Being successful is different. If you truly want to put space between your family and well, your family, I suggest you move.
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Old Oct 28th, 2012, 10:35 AM   #3
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Default Re: Is it possible to get restraining orders against several members of my family?

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Originally Posted by Mae85 View Post
My fiancee and I were physically attacked by several of my family members when we attempted to visit my dying father at my aunt‘s house, after being told to come over. They've tried to press charges against my fiancee for assault (even though anything done on our part was done in self-defense) and have reported us to CPS with several false accusations in an attempt to hurt us. They threatened to have us arrested if we returned and we've noticed them driving past the house several times, but they've "played nice" since the incident. I've just been informed that they've continued conspiring against us. After my father passes away, there's talk of several of them verbally and/or physically attacking us again (they've even called the sheriff's station to confirm that officers aren't able to be present at the funeral) and trying to have us evicted from the house we're currently living in, among other things. We have no proof that they started the fight and they have more people to back up their false story. Right now, it's the two of us against three of them (and there's no telling how many more people they've gotten involved in their plans). I want to know if I'll be able to get restraining orders against the family members involved (the three that originally started everything and any that take part in their plans to attack us at or after my father’s funeral). My father isn't doing well, he could go at any time. It's bad enough that they've done everything they can to make the situation there as stressful and uncomfortable as possible to discourage me from visiting him, but there's no telling how much they're plotting and how much worse things will get. My concern now is protecting us and our children from further attacks and attempts to hurt us when the time comes.
What an unfortunate situation to have such animosity, discord and strife -- and your father on his death bed, leaving this world with the knowledge his children cannot get along. Yes you CAN get restraining orders against family members, all of them, individually and jointly. Stay away orders with a funeral pending is something a judge would hate to see coming before him or her, but they will follow the law.

My suggestion is that since you anticipate a scene or attack from these people, the next time you anticipate a visit where you might encounter one or more of them, it might be best to have an unrelated person like a friend accompany you. That way you will have a third party witness should any of them unwisely decide to attack you.

Threats should be reported to the police. With a record of threats they will have a history to refer to should any other incidents occur.

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Old Oct 29th, 2012, 03:37 AM   #4
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Default Re: Is it possible to get restraining orders against several members of my family?

Restraining orders are a common tool used by law enforcement and the courts to protect victims of domestic violence. They can even be issued to protect people from extended family members. There are three types of restraining orders that can be issued; which one you get depends on the circumstances. Emergency protective orders (EPOs) are issued by law enforcement officers at the scene of a domestic violence incident to provide immediate protection to the victim from the aggressor. Temporary restraining orders (TROs) are issued when a person goes to a courthouse to request a restraining order to provide additional protection to the requester while they wait for the hearing to determine if a permanent restraining order will be issued. Restraining orders are issued by a judge after a hearing is held to determine if the need for the order is present. If the requester of the order can show there is a danger to themselves if the other party is around, a judge will grant the order. Both parties have to be present. Restraining orders are valid for up to five years, but if no expiration date is listed on the order, it is valid for three years.
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Old Oct 29th, 2012, 02:11 PM   #5
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Default Re: Is it possible to get restraining orders against several members of my family?

I want to thank all of you for the information you've provided and for all of your suggestions

I have also looked into the option of relocating (and have been advised to do the same by other relatives that have fled to escape abuse from many of the family members that I'm having problems with now, this type of behavior is a pattern for them), but I'm not sure that this is possible until other issues are resolved; They're trying to press charges for assault, CPS is investigating us, and, thanks to one of them telling my ex how to find me, I also have an ugly divorce/custody battle to look forward to. I'm afraid that relocating now could cause so many more problems and I don't want to leave the area where my son (and soon my father) is buried.

Right now, I'm looking into all options, but am waiting until my father can't be effected to possibly take action against his siblings. I've already planned to speak with the police (to discuss the situation, the possibility of restraining orders, and have one of my aunts tested for drugs, since she is very obviously on something) and the Department of Human Services (because one of my other aunts has his bank debit card -for his disability payments- and food benefits card, to make sure that something can be done if she tries to use either after he passes away). I plan to use anything I can to damage their credibility.

Again, thank you all for all of your help in this matter. I really do appreciate it.
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