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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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My ex husband's current girlfriend has a big wrap sheet. She

Customer Question

My ex husband's current girlfriend has a big wrap sheet. She has a child endangerment charge, 2 family violence assault charges, and several DWI's. Last month, the girlfriend got violent in front of my daughter; hitting her dad, throwing his cell phone across the room, yelling, etc... I have talked to my ex several times about keeping our child away from her because of her background and her violence. I am very scared she will eventually hurt or do something to my child. He keeps telling me there is absolutely nothing you can do about it and continues to bring our child around her. Is there anyway I can get a restraining order against the girlfriend to stay away from my child while he has her? Or does she have to do something to my child in order for something to be put in place? And if I can, what is the process in Texas to go about getting one? Thank you!
Submitted: 3 months ago.
Category: Family Law
Expert:  RobertJDFL replied 3 months ago.

Thank you for using Just Answer. I look forward to assisting you.

There absolutely is something you can do. You can't get a protective order (restraining order) against her, but you can seek to modify the visitation order to place restrictions to prevent or limit the girlfriend from being around your daughter, especially if she is there overnight.

While I would recommend speaking to a lawyer about this and letting them handle it, the Texas Law Help website has the forms and instructions if you wish to look into filing yourself.

In the meantime, you may wish to restrict visitation if the father is not going to be cooperative. I'm not suggesting outright withholding visitation -offer for him to come to your house for visitation, for example, or that you'll allow your daughter to have visitation time with him out of the house alone with him, such as at a movie theater or theme park.

While arguably he could try to get you on contempt charges if you deny visitation, I think you have a good counter argument that given the criminal charges, the violence, and the risk to your daughter, you were just looking out for her because dad won't stop bringing her around.

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Expert:  RobertJDFL replied 3 months ago.

What other information may I provide or how may I clarify my answer for you today?

Expert:  RobertJDFL replied 3 months ago.

If there are no other questions I can answer for you regarding this matter, kindly remember to leave a positive rating by clicking on the stars, so that I am credited for my time and assistance. Thank you.