Filing for a restraining order

[NixnJay]

Can anyone help? Partner attacked by ex mother-in law (infront of the children!) Drunk, abusive and foul mouthed and gauged his face and neck with fingernails. Children too young to bear witness and already traumatised enough.Ex wife returned home after numerous calls and after initial shock at her mother's physco behaviour(she lives on the property) and agreeing that steps need to be taken to ensure that the kids dont have to see this kind of thing again, has, within 24hours, backtracked and said her mother said she never touched him, so he must have sliced his face with a razor! Is a report to the police advisable or is this yet one more thing that the lawyer must deal with? Can a charge of assault be bought against her and how can u get a restraing order against her when she's there everytime he picks up the kids? Until a change in the law which allows me to bitchslap the drunk, twisted old witch into behaving like a human being, any advice gratefully received. Thks x

[neenynanu]

Well she assaulted him which breaks the law, so of course you can make a complaint to the Police. A restraining order would be a long time off, they have to be given by a court i think, you can't just get one. So she would need to be proved to have done that in court.

I don't think there is such thing as an age to bear witness, otherwise Paedophiles could never be prosecuted? So your evidence and your husbands and the kids should be plenty. Anyways, the police can give her a warning and if it happens again arrest her.

If it does happen again, take photos and even go to a doctor to get evidence the cuts weren't done by a razor.

A restraining order is legally binding though - so she would have to live elsewhere than with the mother of those children... which could cause you problems

[daftpixie]

The first thing you need to do is call the Police, this is an assault, the children are witnesses (albeit if they are under the age of 10 they cannot give sworn testimonys, but that only matters if it goes to Court anyway)

Personally wouldnt think a restraining order is appropriate here, not yet anyway, these are only granted by the court when there is a risk or a catalogue of abuse. Seriously think you should call police, at the least it will warn this woman that she was out of order and you and your partner will not stand for it.

[flasharry12]

when applying for a restraining order you have two choices, you can go to the courts and tell them any old bs you like and they will write it all down whether they believe you or not and a writ will be served by the police for them to appear in court to receive a restraining order, the other way is to go to the police report it they will take all the details and again it will go to court. big differance is that the police ask questions so if your telling porky's they will find out and you will end up in a pile of