Can I take a restraining order out on my father if my mother is too scared to do it herself?

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Can I take a restraining order out on my father if my mother is too scared to do it herself?

My father has threatened my mother with things like, “I’ll bash your head in”, and “I’ll burn down that damn house.” She’s scared, and often has to hide out at friends houses. She’s scared to do it herself thinking it will give him more reason to be angry, and more reason to want to hurt her.

Asked on May 29, 2012 under Criminal Law, North Carolina

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Typically a restraining order has to be made out by the respondent, in this case your mother. A restraining order not only requires your mother to list the reasons why she has requested the order, but often times it requires a court date in which both your mother and father will appear before the Judge for the the Judge to determine if there is valid grounds to issue the order. If your mother is hesitant or fearful, you can attempt to fill out the information for her and submit the order to the court, but if required, she will have to appear before the judge to make her arguments against your father.


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