Q: Can I get a restraining order against my son-in-law even if my daughter won't do it?

A: If he lives with you and has threatened you with serious harm or has harmed you certainly.

A: Yes, you can do so, if there is a serious and recent credible threat.

A: Hello and thanks for asking your question. I'm sorry to hear of the issues you're having with your son in law. I agree with my colleagues below: you can certainly seek and obtain a restraining order against your son-in-law if he has committed some sort of act of domestic violence against YOU. That can range from a physical assault to harassment that rises to the level of domestic abuse. As a family member, you would be covered by the Prevention of Domestic Violence Act of New Jersey, which is the law that governs restraining orders.

However, you cannot get a restraining order on your daughter's behalf. In other words, if he is being abusive to HER, you cannot go to the courts and ask them to issue a restraining order against your son-in-law that protects your daughter. As difficult as it is, she has to take that step herself.

Please know that if you are granted a temporary restraining order, which is the first step in the process, there will be a final restraining order hearing within 10 days. That process is much more complicated because it is a true hearing, with witnesses, evidence and testimony. You will have to make sure all your ducks are in a row and that you are ready to proceed to prove to the judge not only that a recent act of domestic abuse occurred, but that you also need the protection of a final restraining order going forward.

I suggest a consultation with a family law attorney. Many offer free ones, such as our firm. Of course, make sure that you are safe and protected. Hoping this was helpful to you. Regards, Bari