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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 26748
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have a restraining order filed against me by my ex husband

Customer Question

I have a restraining order filed against me by my ex husband new girlfriend. She keeps showing up places where I have my kids on my weeks. Should I file a restraining order against her for my protection and rights to be around my kids during my week? She knows that I will be present at the places she chooses to go. In my opinion the RO is a joke to her...her attempt has always been to keep me away from my kids. She knows that I would never do anything to her.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. What was the basis for which she sought it? Also, just to be clear, it was imposed? There was a hearing on it and the Judge ordered that you stay away from her?

Customer: replied 1 year ago.
Long story short....she was my friend and my kids kindergarten teacher...after learning of their relationship I was very upset. I did say and text some very mean things to her and my ex...but never did I threaten her life. I believe what I have against me is a stalking restraining order. The judge did order that I stay away from her. I'm not sure what you mean by "imposed"?
Expert:  FamilyAnswer replied 1 year ago.

I see. Can you clarify for me why you want something imposed against her? I am just trying to get a better idea of what she is doing at this time

Customer: replied 1 year ago.
She attempted to modify it saying she is in a life long relationship with him and that it was inevitable that we were going to be around each other because of my kids (they are not married currently or engaged)...her changes were to 10 ft and I couldn't communicate with her...judge denied saying she cannot keep me from my kids.
Most recently she and he came to the kids open house at school. It was my week. There was no need for them to be there. I don't trust her. I feel like she will call the police to report me in violation when ever she decides.
Customer: replied 1 year ago.
It makes my kids very uncomfortable when they know she is around and that I could get into trouble too.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. She has no legal right to interfere with your time with the children. Moreover, there is no legally recognized relationship with her and your Ex ( i.e. marriage) or even engagement, so she should not be around when you are with them or get involved with anything. Moreover, the Judge could have and/or you can, to simply keep her away from the children when they are with you Ex and that she is not to spend the night or be with them, unless they are married. This way, there would be no reason for you to be in contact with each other, since there is no legal reason she needs to be present or in the same proximity as you, if you and your husband need to deal with something related to the children, such as the open house which you shared. You certainly do not want to expose yourself to a situation where she may call the police for no reason, which is why modifying the order to prevent her from being around the children and/or a situation where you and your Ex need to be present, would afford you protection. Unless she has actually done something, it will be hard for the Judge to impose a RO against her, so your attempt to get it may failed. This is why adding conditions to the custody and visitation between you and your Ex would help you

Customer: replied 1 year ago.
I need to modify things between my ex and I as far as she is concerned. ..but if in the mean time they get engaged or married will this attempted change mean nothing? I feel like I can't win.
Customer: replied 1 year ago.
As the person wrongfully accused...I have no protection? It's very frustrating
Expert:  FamilyAnswer replied 1 year ago.

Was there a final hearing on the RO? That should have been the time when you were able to contest this and fight it from being imposed

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!