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Can I get a restraining order against someone who threaten to call ACS and take me to court under false pretenses

Q: My husbands mother threaten to take us to court and call ACS on us for our child I have text message we are both great parents with no criminal background she is just being vengeful but i still want her to stop

A: David's Answer: The only thing you can get an order of protection for is if the person committed a designated "family offense," which generally means a domestic violence crime. Neither mental nor emotional abuse constitutes such a crime. While calling in a false ACS report may constitute a crime, it's not a domestic violence crime. That said, a mere "threat" to do so is not a crime - yet. Perhaps a cease-and-desist letter would get her to back off. Call a Bronx Domestic Violence attorney for more info. - David Bliven, Bronx Domestic Violence Attorney (

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