Legal Question in Civil Litigation in Florida

Assault and Battery on Children
I have a brother in law who has on two occasions assaulted my two children. My daughter who has Downs Syndrome will occasionally get aggressive, (pinching, pushing etc.) on smaller children. She pushed my In- laws child and the brother in law reacted by screaming at my child and throwing her across the room. Another occasion he was screaming at his child and my son started yelling at him to protect his couson, he then pointed a toy gun at him. My son was 7 years old at the time. He responded by trying to chase my son down grabbing him by the shirt yelling and carrying on. Verbally assaulting him and restraining him. I of course stopped him and we came close to a physical encounter. He lives in Wilmington Del but will be moving to FL. My question is what recourse do I have to prevent him from hurting my children. No charges have been brought against him. He has had other problems with other cousins and his own children but my wife and her family prefer to push these things under the rug and not deal with them. I do believe he is a tragedy waiting to happen and it is only a matter of time before he explodes again. So what legal recourse do I have? Thank you for your help.

Asked on 2/24/05, 11:05 am

Frederick Graves Jurisdictionary

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Re: Assault and Battery on Children

First ... don't let him near your family until he gets help.

Second ... tell him if it happens again you will get a restraining order.

Third ... if it happens again get a restraining order. They are easy to obtain in Florida. Go talk to the courthouse clerk.

Hope this helps.

Answered on 2/26/05, 7:49 am

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