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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26794
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My mother has/is manipulating/pressuring my wife to the point

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My mother has/is manipulating/pressuring my wife to the point where she has filed a restraining order on me that has caused me to be REMOVED FROM and UNABLE to have access to my own home/workplace. Can she be legally prosecuted for causing multiple problems for me with my wife by manipulation. my mother has made it very clear she does not want spouse and I to be one.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Good morning Jacustomer,

You won't be the first person or the last to turn to the criminal justice system to try to remedy something that you feel is unjust going on against you in the civil/family court arena. While in some instances the police will tell you that if your problems with your mother are already in front of a judge being handled in civil court, you should take your matter there, (in which case in most jurisdictions you can go over the heads of the police, walk into a prosecutor's office, ask to speak to a prosecutor in the domestic violence division, and ask for a protective order right there) in many, many instances you will be able to get the relief you want so that your mother has to face the consequences of causing problems.

It is not unlawful for someone to take you to court and get a protective order, however. Nor is it unlawful for getting that order enforced when it is violated, as that is what it is there for. It IS unlawful, however, for a complainant to abuse the process: to file false allegations and claims without merit, to harrass, annoy or alarm another person for no legitimate purpose whatsoever, to threaten, stalk, and make unwanted contact, to abuse an order of protection by seeking out contact deliberately to try to force you to violate it, for example. If that is what is going on, and you are fearful for your safety as a result, you can proceed as I indicated by going to the police, filling out a report and telling them that you wish a protective order. Or, as I said, you can bypass the police, walk into the prosecutor's office and see if they will let you swear out a complaint and get an ex-parte criminal protective order. Once she is served, she will have to leave you alone, though you will still have to abide by the orders already against you.
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