What can I do legally o protect myself from my sister who has made threats against me?
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What can I do legally o protect myself from my sister who has made threats against me?
I am 8 months the pregnant and I live with my mother. About 2 months ago, my 27 year old sister and I got into an argument and she became violent. She mushed me in the face and left scratches on my right arm. Shortly after, she left the house. I was then notified by a close friend that my sister was making physical threats towards me on Snapchat. She just moved back into the house about 3 weeks ago. I now fear that she will harm me and my unborn child. I also fear that she will do something after I have my baby.
Asked on April 23, 2017 under Personal Injury, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
In addition, you can apply for a protective or restaining order; the local police can advise you as to the procedure to do so. The order will require her to stay away from you, on pain or threat of being jailed.
But all the "legal" options--criminal charges; restraining order; civil lawsuit--do not actually "protect" you in the sense of preventing an assault: they can punish her for what she has done or will do, or get you compensation, but if you and she are together, they will not actually stop any attack. Sometimes, the real answer is practical, not legal: if there is *any* way you can move out (e.g stay with the baby's father, another relative, a friend), do so, at least until after the baby is born and you are less vulnerable.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can file criminal charges against your sister for assault and battery. You can also sue her for assault and battery. The criminal and civil (lawsuit) cases proceed separately and independently.
Assault includes the threats you mentioned without physical contact.
Assault and battery occurred when your sister previously attacked you. Battery is the physical contact.
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