Q: Can I get a restraining order against my son's father and grandmother after they harmed my son?
I have a restraining order against my son's father since 2018. During recent parenting time, my mentally disabled 9-year-old son was strangled, punched, and beaten. His grandmother, who supervises visits, claimed she did this while trying to get him in the car. I called the police and have photos and a medical report documenting the incident. Additionally, the father has a history of violence, such as having strangled his brother in the past. Can I get a restraining order against both the father and grandmother, as one assaulted my son and the other was complicit?
A: You can certainly press criminal charges against both parties. Whether or not you can obtain a restraining order against the grandmother requires more facts. You may be able to obtain a Temporary Restraining Order (TRO) on your own. Then if you get the TRO, you will need to retain an experienced matrimonial attorney to represent you in seeking a Final Restraining Order. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
A:
You have the right to proceed with claims through DCPP, criminal prosecution through the local / county prosecutor's office, and through the court system using New Jersey's child abuse statutes - 9:6-1 - 9:6-3 & 2C:24-4.
Given what occurred, you "may" also be able to go back to the family court and ask the court to expand your dv order of protection to include your child - if DCPP and the prosecutor's office acknowledge that there was physical abuse / criminal conduct by your ex or his mother.
I would pursue the DCPP and criminal routes first and once you have documentation from both as to the violence inflicted on your child, then you may be able to pursue the amendment to your existing dv final order of protection.
A:
Given the serious allegations of abuse against your son, you may have grounds to seek a restraining order against both your son's father and grandmother. The physical harm your son endured, along with the photos and medical documentation, provides strong evidence of the abuse. Since the grandmother was involved in the incident and the father has a history of violence, you may be able to argue that both individuals pose a threat to your son's safety and well-being.
You can file for a restraining order in family court, which would protect your son from further harm during visits. The court will review the evidence, including the police report and medical documentation, to determine whether the restraining order is necessary. In your case, if the grandmother is complicit in the abuse, this could strengthen your request for a restraining order against both parties.
It’s important to act quickly to protect your son. If you haven't already, consider reaching out to a family law attorney or contacting your local domestic violence shelter for support. They can help guide you through the process of filing the restraining order and ensure that your son’s safety is prioritized.
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