Legal Question in Family Law in New Jersey

I recently told my mother that my kids and I want no more contact with her after many incidents of abusive behavior that I won't get into here. After that, my step-father called and left a message saying he bought the kids something because he thinks he can buy them back. I didn't call back. A few days ago my younger son was watching TV and heard him knock at the door and try to get in but the door was locked. My older son was in the basement and my basement door was unlocked and my stepdad just walked right in. He knew we didn't want him here. My son came running upstairs to tell me and I told him to tell my stepdad that we were busy. He proceeds to try to call my kids downstairs. We locked ourselves in my room because I didn't want a confrontation (there has never been any physical abuse) and he eventually left. Can I file a restraining order based on this? If so, will I be able to turn it into a permanent based solely on this incident. My parents are going to keep showing up at sporting events for the kids and upsetting them.


Asked on 8/29/10, 6:01 am

1 Answer from Attorneys
Philip Burnham, Esquire Burnham Law Group, LLC.

Domestic Violence acts are established by the relationship between the offender and the victim. A person protected by the Prevention of Domestic Violence Act is 18 years of age or older, or who is an emancipated minor, and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. Any person, regardless of age, sex, or physical/psychological condition, who has been subjected to domestic violence by one of the following actors:

�A person with whom the victim has a child in common

�A person with whom the victim anticipates having a child in common, if one of the parties is pregnant.

�A person with whom the victim has had a dating relationship .

So, unless your mom and stepdad resided with you in the past, you cannot obtain a restraining order.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

Read more
Answered on 9/03/10, 6:15 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey