Can a husband get a restraining order against "the other man" when no threats have been made and the reason there is another man is an open relationship was present until she met the other man. The wife wants to leave but due to financial constraints must continue to cohabitate. The husband wants to keep him off the rental property but the wife has invited him to the home. Again, no threats (except to his marriage by the wife) have been raised except by the husband who has expressed interest in "kicking his ass." There are two children involved, neither of which have been harmed due to discretion by the wife and "other man." There is nothing more done in the house than what friends would do. This is in the state of Florida.
Optional Information: State/Country of Question: Florida
Hello -Thank you for contacting JustAnswer.I'm sorry to hear about your situation. It must be very tough to be in that situation. Unfortunately, restraining orders in Florida are only issued because of a threat of domestic violence. You are not going to able to get one issued against the "other man".If you really don't want him to stay away, you could threaten him with a trespassing charge. If the wife has invited him to the home however, and her name is XXXXX XXXXX deed, you probably are not in your rights to bring those charges. It may be a good technique to "scare" him into staying way, however. If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the answer, please feel free not to ACCEPT, and post a follow up question so I may be able to clarify my Answer. My main goal is to provide an outstanding answer - so give me a chance.Regards,Michael
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense