A friend of mind got a divorce and has joint custody of their kids; his ex-wife does not like his new girlfriend and has threatened to file a restraining order? There is no abuse of any kind from the father or his girlfriend. The ex-wife is also bad-mouthing the father in front of the kids. Does the ex-wife that the right to file a restraining order?
2007-01-17 09:05:52 · 10 answers · asked by wildflower101_71270 1 in Family & Relationships ➔ Marriage & Divorce
Unfortunately she could get a restraining order for a just cause and since you have no idea when shes getting it you cant be there to argue the point. But if she does get one and you feel its wrong, you can challenge her in court and if its overturned by lack of justified evidence,then sue her for harassment. Also unfortunately there is little you can do about the father bashing part as it involves alot of hearsay evidence and the courts dont get into hearsay. You can mention it to a judge but the most she will get is a stern warning from the judge to cease immediately but if she doesnt little if anything will happen to her. Now she could be just threatening the order to see what happens so you will have to wait to see what happens. Just dont get into any kind of fight with her as this just might actually provoke her into trying to see if she can do it and dont ever give her just cause either, but dont walk on eggs just to please her either. Kind of a catch 22 situation but remember with the right evidence she can file to the courts a hearing for remodification of child custody/support against you to overturn your custody rights. So until she actually gets alife of her own be kinda careful around her. Good luck
2007-01-17 09:18:25 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
No she would have to show that she is being threatened in some way. It sounds to me like she is the one that needs restraining! Your friend should not deal with her at all unless it is about the children. Make sure he records all phone calls and keeps a log of what she says and does. This will prove useful if she tries to get a restraining order and is also evidence to show she is not fit to be a parent.
2007-01-17 09:10:27 · answer #2 · answered by jaynic72 3 · 0⤊ 0⤋
I WAS the new girlfriend in a situation exactly like this. My (former BF) divorced his cheating wife. A year later he and I moved in together.
She was calling our house 10-20 times a day harassing us, because she was jealous he had someone new. Mind you, she was STILL with the man that she cheated on her husband with!
She LIED to police and a judge and got a restraining order against me.
I got her order reversed- and got one against HER instead. I had to hire a lawyer and take her to court.
I would NEVER get involved with a man who has an ex wife living in the area (or state) again for this reason. They are unpredictable and often times it can be a nightmare.
Tell your friend to seek legal advise on this one. Also, he should start documenting her behavior (even tape recording her threats, phone messages etc.)
2007-01-17 09:15:45 · answer #3 · answered by >Golden Ticket< 4 · 0⤊ 0⤋
Well Flower, If someone is being harassed, threatened, injured, they will be issued a restraining order. Usually, in a weeks time, the court will have a hearing. At this time the defendant may oppose the order, if they choose to....It doesn't take much to get one.It could be very restrictive to her activities.
2007-01-17 09:19:47 · answer #4 · answered by buzzwaltz 4 · 0⤊ 0⤋
she can get a restraining order for the new girlfriend to keep her away but she'll have to let her ex husband see his kid's but he'll have to not bring her because if a restraning order is on her she could go to jail hope this helps your friend
2007-01-17 09:37:17 · answer #5 · answered by sweetgranny06 7 · 0⤊ 0⤋
no. but it depends on the state... have the new girl be in the back room when the ex-wife is around if shes gonna be that catty; and the only person she's hurting is the kids by bad-mouthing dad in front of them and they will figure that out when they're older... what goes around comes around and all i know is i would rather walk through fire than ever have my baby girl resent me!!
2007-01-17 09:10:40 · answer #6 · answered by ? 3 · 0⤊ 0⤋
She just has to file. She will get a temporary till court. Then the court will decide if her story is true, and if a permanent order is appropriate. But if she makes false allegations, they may end up biting her.
2007-01-17 09:52:13 · answer #7 · answered by jude 2 · 0⤊ 0⤋
He can only sue you, but restraining order is up to the police, not him.
2016-03-29 02:06:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Doesnt sound like it from what you are saying
2007-01-17 09:13:02 · answer #9 · answered by nickle 5 · 0⤊ 0⤋
Verbal or physical.
2007-01-17 09:08:20 · answer #10 · answered by renosgirl2006 4 · 0⤊ 0⤋