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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33732
Experience:  Attorney with 15 years experience
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I believe my ex-wife's long term, live in boyfriend is physically

Customer Question

I believe my ex-wife's long term, live in boyfriend is physically abusing our -2- sons ages -18- and -15-. Our -15- year old seems to be the target most often. I am the custodial parent. I do not want for my sons to be around this man again. Can I file a restraining order to keep him away from my children?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Have sons told you that the boyfriend is abusing them?
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And you say that one is 18 and one is 15?
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Has anyone filed any type of police report regarding the abuse?
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thanks
Barrister
Customer: replied 1 year ago.
Just found out last night. We have not reported to police. We would like to get a restraining order in place before my ex-wife finds out we know. The boys have been told to keep secrets from me.
Expert:  Barrister replied 1 year ago.
Ok, if the one child is 18, he is an adult and would have to file for his own restraining order or simply not go visit when the boyfriend was there. He could also file a criminal complaint for assault and battery against the boyfriend.
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But yes, you could file for a restraining order on behalf of the 15 year old minor as well as file criminal charges for assault if the boyfriend has physically assaulted your sons.
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thanks
Barrister
Customer: replied 1 year ago.
And the restraining order for my son I can file by myself at the courthouse? I've never done anything like this before.
Expert:  Barrister replied 1 year ago.
"" And the restraining order for my son I can file by myself at the courthouse?""
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For the 15 yr old, yes, you would file at the local courthouse. It would be a good idea to have the 15 yr old along so he can relate what happened as you complete the petition. If the 18 yr old wanted to come along with you to file his own, that can be done as well.
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Assuming it is granted, then it would be immediately effective once the sheriff served it on the boyfriend.
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thanks
Barrister