How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Girl Your Own Question
Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4606
Experience:  I have practiced criminal law.
635143
Type Your Criminal Law Question Here...
Law Girl is online now
A new question is answered every 9 seconds

Can a wife file restraining order on behalf of a ...

Resolved Question:

Can a wife file restraining order on behalf of a spouse against his wishes, even when there''s no evidence of harrassment or threats against either the wife or spouse.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Girl replied 8 years ago.

DearCustomer

Thank you for your question.

Generally, a couple would have to file for a restraining order together, unless the spouse is incapacitated or unable to assert his own rights. But generally speaking, a wife can file whatever documents she wants without proof. It is up to the judge to review the application and determine whether actual harassment or threat exists and then make the determination about whether to issue the restraining order.

Chances are that without proof of actual or imminent threat or danger, the judge will deny the restraining order. Additionally, unless the wife has an adequate excuse for why she is pursuing her spouse's rights, the order will probably be denied.

Please let me know if you have any other questions. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Law Girl and 4 other Criminal Law Specialists are ready to help you