Legal Question in Personal Injury in California
i have a daughter in law who has emotional issues and anger problems. she has had incidents in the past like attacking my son with a knife and destroying his property. i dont get involved in there business but do open my doors to my son when he needs me. thats makes my daughter in law angry to the point where shes always trying to seek revenge on me. recently she called my 10 year olds school claiming he had a knife in his back pack. the school called me asked my permission to search my son, after learning that the accusations were false, the school became aware of my sons fear of his sister in law expressing his fear for his life. this is a result to many incidents we have had with my daughter in law her inability to control her anger. i was denied a domestic violence restraining order against her and what i need to know is what if there is anything can i do to prevent my daughter in law from doing anything else to ruin my reputation or making my life harder as well as demonstrating these acts of revenge that i dont want my son to witness anymore. i can assure its ok but i honestly dont know how.
1 Answer from Attorneys
you need to go to police station and file a report. ask to speak to someone who is knowledgeable in stalking, and crimes against minors (your 10 year old), and mental health commitments. Penal Code Sections 602(o), 602(t)(1), and 602.1(a) are trespass laws. Ask to file a trespass letter with police so if daughter in law comes to your residence, she can be arrested for trespassing. Every police department has their own protocol concerning trespass, but if you request police to come and remove someone, they usually will cite the first time and only arrest if person makes a 2nd visit.
If daughter in law identified herself to school, then you could renew your application for a restraining order based upon this new behavior. If call was anonymous, then it will not do you any good. If daughter in law is really this crazy, your son needs to get into counseling, move out, and divorce her before they have any kids.
I would probably send her a letter, certified, return receipt requested, informing her that she may not visit your residence. You could file copy of that letter with your trespass letter so police will arrest her. Talk to police about what they need you to do and what they will do to keep her away from you and your 10 year old.
I had a schizophrenic/bi-polar client who pulled a knife on her father several times and actually ended up stabbing him. Your older son should not wait until she actually stabs him before leaving. Behavior like you have described only worsens over time, especially if person is not being actively treated and appropriately medicated. Even then, the anti-psychotic/bi-polar medications do not seem to have effectiveness over a long time period. My experience with the schizo/bi-polar client and her siblings was that medication tempered their behavior in the short term, but over time, their behavior started to return to the erratic and dangerous outbursts. I don't know if they stopped taking medication when they felt better, or if they developed a tolerance to medication. One sibling claimed she took her medication religiously and that medication just stopped being effective. Another sibling said she stopped the medication after she started to feel normal again.
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