Do I need to take my father in law to court or get a restraining order.

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Question

Do I need to take my father in law to court or get a restraining order.

Anonymous Aug 26, 2014 Bankruptcy and Debt 6 views 3 answers

My father in law, who has an extensive and recorded background in domestic violence, drug use and emotional instability, has threatened to take me and my wife to court for grandchild visitation rights when we told him no he could not have the kids aged two and six months by himself to visit. He became angry and since he has been threatening to come on to post to visit his grand kids (I am in the army ) against our will and maturely asking him to respect our wishes. Recently he has now been saying that me and my wife have been threatening to kill him and has been lying about our reputation to her family in an attempt to build a case against me that would cause me to lose my kids. I have no criminal history and no history of child abuse or neglect. What can I do to stop this behavior?

Christopher Leroi · Answer 1 · 2026-06-15T12:04:00+00:00

You do NOT have the basis for a restraining order based on your facts stated. I would consult with a local attorney in the Springs about sending a cease and desist letter.

Robert Leroy HuntFamily Law AttorneyColorado Springs, COCO licensed · Answer 2 · 2026-06-15T12:04:00+00:00

A civil protection order requires more of a threat than taking you to court or visiting grandchildren. However protecting your family is important and you may want to make it clear through written statements that as parents you and your wife are making decisions in the best interest of your children. Unless there has been other parenting time actions filed your father in law lacks standing to take you and your wife to court regarding grandchild visitation.

Philip Kay · Answer 3 · 2026-06-15T12:04:00+00:00

I agree with my colleague re lack of standing. In Colorado, grandparents may only obtain visitation rights if there is or has been a “child custody case or a case concerning the allocation of parental responsibilities [APR] relating to the child.” This includes any of the following situations, whether or not child custody or parental responsibilities were specifically an issue: • the marriage of the child’s parents has been legally dissolved; • legal custody or parental responsibilities for the child have been given to a party other than the child’s parent; • the child has been placed outside of the home of the child’s parent, excluding any child who has been placed for adoption or has been adopted; • the child’s parent, who is the child of the grandparent or grandchild of the great-grandparent, has died. No court case relating to the death of the child’s parent is necessary.

Do I need to take my father in law to court or get a restraining order.

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