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Restraining Order for Stalking By a Grandmother

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  • 02-05-2012, 11:39 AM
    mmsl_mom
    Restraining Order for Stalking By a Grandmother
    My question involves restraining orders in the State of: New Hampshire

    I have full custody of my ex-husband's daughter. He has supervised visits. The birth mother has a no contact order. Their son lives with the birth mother's mother. He also has a no contact order for all of my children via our divorce decree. The grandmother keeps stalking my daughters at their bus stop after I told her she was not allowed any more contact because of violating the no contact orders on her daughter, ie passing pictures, notes, messages, gifts etc. This continued after, but at her bus stop. Thursday morning when I was at work and the girls were on their way to their bus stop she was waiting for them with her grandson, their brother and half brother with the no contact order. She allowed him to get out of her car and go to them. I filed for a restraining order on the grandmother on behalf of my daughter(s) in superior court because I am not related to her and the family court stated that I had to do it in that way.
    My question is, does she have to testify? (She's 14 and willing to but I don't want her to have to be confronted/confront her grandmother openly if she doesn't have to.)
    And also does there have to be a threat of physical harm, or is the emotional harm she is causing 'damage enough' to qualify for a restraining order? (I believe her counselor will testify to this.) I'm not sure if stalking is a separate thing to file for, or if it can be included also.
    I hope this is clear enough to get definitive answers. Thank you for reading.
  • 02-06-2012, 09:50 PM
    AZDeputyClerk
    Re: Restraining Order for a Stalking By a Grandmother
    The first question is "Will she be permitted to testify?" You'll want to check your local court rules-many courts do not generally permit children to testify and some (such as those in the court i work in) bar them from even being present in the courtroom.
  • 02-07-2012, 10:13 AM
    viol8te
    Re: Restraining Order for a Stalking By a Grandmother
    It's clear to me that the birth mother has an order against her. It's also clear that there is an order against him for your children. But does that order include his daughter as well?
  • 02-07-2012, 08:05 PM
    mmsl_mom
    Re: Restraining Order for a Stalking By a Grandmother
    Quote:

    Quoting viol8te
    View Post
    It's clear to me that the birth mother has an order against her. It's also clear that there is an order against him for your children. But does that order include his daughter as well?

    It states that he is to have no contact with any of the minor children. My Guardianship states that everything is to be the same for her as the rest of the children, ie visitation etc.

    I'm hoping that she won't have to as I'm sure it would be awkward and emotionally difficult for her, I just wasn't sure if she needed to be there in case the judge may want to hear it straight from her that this is what she wants also. Her counselor is going to testify on her behalf, I'm hoping the judge will call that 'good enough'. I don't want to put her through more than she's already had to endure. I know in family court they didn't want children to testify directly and so had the GAL. Superior court may be different though, I'm unsure about it. I'll have to call and ask. Thank you for your reply.
  • 02-07-2012, 08:07 PM
    viol8te
    Re: Restraining Order for a Stalking By a Grandmother
    The focus might need to go towards that. If it's established that the grandmother is facilitating him violating the order by third contact, then it may be easier than just saying that she is not breaking the law, but doing more than just causing emotional damage. By reporting that she is third party to violating an order of protection, it carries a little more weight.
  • 02-07-2012, 08:49 PM
    mmsl_mom
    Re: Restraining Order for a Stalking By a Grandmother
    Quote:

    Quoting viol8te
    View Post
    The focus might need to go towards that. If it's established that the grandmother is facilitating him violating the order by third contact, then it may be easier than just saying that she is not breaking the law, but doing more than just causing emotional damage. By reporting that she is third party to violating an order of protection, it carries a little more weight.

    Thank you for your input. I believe she's breaking the law by passing messages and gifts from the birth mother against the no contact order as well as facilitating him violating the no contact order as she is his guardian and responsible for and encouraging his behavior as well.
  • 02-08-2012, 05:27 AM
    viol8te
    Re: Restraining Order for a Stalking By a Grandmother
    Quote:

    Quoting mmsl_mom
    View Post
    Thank you for your input. I believe she's breaking the law by passing messages and gifts from the birth mother against the no contact order as well as facilitating him violating the no contact order as she is his guardian and responsible for and encouraging his behavior as well.

    If the OOP's are no contact by any means, then the two respondents are violating them. Not the mother. However, if you can show cause to the court that provves that she is facilitating such harmful interactions, than the court may be inclined to serve her as well.
  • 02-24-2012, 01:02 PM
    mmsl_mom
    Re: Restraining Order for a Stalking By a Grandmother
    Thank you for your replies. I got the restraining order for my daughter. :D
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