Legal Question in Family Law in Virginia
How to stop a mentally abusive relative from calling or coming over
My husband�s father has been teaching my son wrong ideas. The general gist is, women are worthless and stupid. He would also teach my 4 year old off color jokes. We have asked he refrain from doing this many times. He would watch himself for a little while and then would start up again. After four years of trying to work with him, we cut off the children�s contact with him, except for holidays. At my son�s last birthday he came over to give my son gifts and then said that he should take them to his house to keep them safe. Later my son asked why our house is not safe.
Now he drives by the house and drops gifts off on the front porch, or he calls other relatives when he knows they are at our house. We�ve asked these other people not to give the kids their cell phone when he calls. This has persisted at this stage for a few months. Are we allowed to get a restraining order? Do we have any legal recourse?
2 Answers from Attorneys
Re: How to stop a mentally abusive relative from calling or coming over
A restraining order againt Grandpa? On what grounds: off color jokes, less than politically correct statements regarding women, or dropping
gifts off for the children on your front porch?
I think not.
Re: How to stop a mentally abusive relative from calling or coming over
A restraining order would not be an appropriate legal remedy. As parents you and your husband possess the sole discretion with whom your children can visit. As such, you can terminate the visits and contact without the need of legal action. It is highly unlikely that a court would grant the grandfather visitation, because such visitation must be in the best interests of the child; in this case it appears it is not. My recommendation would be to explain to the grandfather that all contact will cease if he does not desist from such behavior.
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