This is concerning a long and drawn out family dispute. However, recently things have escalated and I am in a difficult situation. Basically, I’m accused of domestic abuse by my mother and have a restraining order next week. I never laid a hand on the woman. She waited until I walked into her house and started screaming for neighbors. I left and a couple hours later she had scratch marks on her neck and police were at my house. It may sound somewhat far fetched but, you don’t know my mother. I just would like to know how to be prepared for this hearing. I have a great deal of support from friends and family members who know her. I was thinking just go in on a positive note with character references instead of bringing up the reason this all started. Which was, my mother stole an automobile from my sisters partner. When the owner pursued legal action my mother swore she would see my twin sister and I in jail. I’m assuming it would be best if we go into that if they proceed with charges against me. What is your opinion?
United States | Missouri | 65672 | Criminal Law
12/18/15, 1:02 pm
Criminal Defense Lawyer, R. Christopher Simons answer
My first suggestion is to hire a lawyer. That being said, your question surrounds you going to a hearing for what I am guessing is a restraining order. My suggestion is to not contest the restraining order and basically say, “these accusations are false and my mother has issues.” The hearing you are going into surrounds specifically her not wanting to see you. If that is the case and there are possible future charges against you, then you do not want to be around her and it would be best if you avoid contact in any form.
Is it possible to get a restraining order against a family member who had verbally threatened you more than once?
My cousin calls my grandma verbally threatening to harm me for the second time in a year. Over the past 5 years the cops have been called numerous times due to him doing the same thing.
It sounds like you’d qualify. You can request a protective order at the local court house.
You cannot get the restraining order dropped until the next court date, so it depends on where in the process you are. If your boyfriend has already lost the hearing and had a permanent order, then you will need to file the appropriate paperwork to cancel the protective order. If the hearing has not been held, you can show up at the hearing and request that the judge not apply a permanent order.
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