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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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The wife of another man and myself have been having an affair

Customer Question

The wife of another man and myself have been having an affair off and on for 3 years. We have been caught 3 times. The first two times she did not want any contact with me at all so she can try and fix her marriage. Which i agreed upon and did not have any contact or attempt to contact her. She would contact me again and we would start up our relationship again. This final time we got caught (3rd time) and after a time period of which she wanted time to herself and figured which avenue of she wanted to go. She ended up going back to him again.. Now he wants her to prove to him that its over and wants her to file a restraining order against me. I already have stopped contact with her after she made her decision to go back with him. Do i need to do something to protect myself from this? I know restraining orders are civil matters and not criminal.
Submitted: 11 months ago.
Category: Family Law
Expert:  Joseph replied 11 months ago.

For a restraining order to be granted, the petitioner must prove that they are the victim of an act of violence, a threat of violence or harassing or stalking behavior. As you've explained it, the two of you had a consensual relationship that did not involve any violence, threats of violence or harassing or stalking behavior. Assuming this to be correct, I don't see that this woman would have any legitimate ability to obtain a restraining order.

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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 2 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Well a little more information i would like to know please.
This husband i have had to deal with. Has threatened me via texts and thru others. Never in person or via phone. I have saved all those threats this whole time. All have been hollow threats. Until this last time when we got caught. He said " i am coming after you, and i will destroy your family life". Which i sorta took serious. I did find that he friended my daughter and my sister on facebook. I did get mad with that. He crossed the line and i called him up, which he would not talk to me and i told him right there. Back off my family and we are done. Can that be construed as a threat against him?
Expert:  Joseph replied 11 months ago.

Put in context, I don't see your words amounting to a threat. It appears that everyone acknowledges that you had an affair with this man's wife and that you two were "caught" on several occasions. Further, it appears that he actually sent you several texts that might be considered threatening in nature. BotXXXXX XXXXXne, it does not seem that he has the basis of a legitimate restraining order either.

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Just a thought, but you might consider an exit strategy. Perhaps you could send an email stating something along the lines of your relationship with his wife having come to a conclusion and you would agree to stay away from him and his family so long as he does the same for you. If you were to follow such a strategy, it would be important to keep things as professional as possible, if things became anything less than cordial, you might consider simply ending the contact.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 2 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you for this information and your exit strategy. I will consider this seriously. Thank you again
Expert:  Joseph replied 11 months ago.
Best of luck to you!

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