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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Can I get a restraining order against my ex wifes boyfriend

Customer Question

Can I get a restraining order against my ex wife's boyfriend after she told me he has physically abused her? The order would be preventing him from being around my two daughters. Ex. of abuse. Slapping and head lock choke hold until she passed out. This happened multiple occasions from what she said.
Submitted: 2 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 2 years ago.

ANDREA, :

Hi, Welcome to JustAnswer My name is XXXXX XXXXX I would be glad to help

ANDREA, :

has the boyfriend abused the children in any way ?

How old are the children?

ANDREA, :

I will return momentarily, I must look somethig up for you

Please stay online,

Thank you

Customer :

They are 7 and 11. Both Girls. No, not that I know of. I ask as much as I can. They don't like him though.

Customer :

They say both of them fight a lot and he makes their mother cry all the time.

Customer :

She came to my house at 5:30 in the morning half naked. Said she had to sneak out of the house after waiting for him to fall asleep.

Customer :

In text messages with her she is now denying it and said she was just drunk and he just held her down. She said his friend video taped it and said it was her fault. Then I asked to see the video and then she changed her story and said their was no video.

Customer :

I live in Dallas if that helps

Customer :

I asked her about the other times he had done this in the past. She is now changing her story to that he was just teaching her defensive moves.

Customer :

My daughters have told me that they are afraid of him. I asked why but they just say they don't know. He is just scary.

Customer :

All I know is if a man can hurt a women like this then he can hurt a child.

Customer :

My ex wife told me he gets angry when he drinks and that he is on steroids. He even has to breath in one of those machines to drive his truck after getting a DWI.

Customer :

I don't believe he should even be allowed to drive my daughters around after knowing that.

ANDREA, :

Since the Court will not entertain your Peititio for Protection and request for a Restraining Order, and your former spouse does not seem to want to put the welfare of the girls first and tell him to move out, It would appear that your only option would be to File a Petition to Modify Custody and take the girls for a while. Maybe this will shake up your ex enough to face reality ad realize that it is only a matter of time before the boyfriend beats her up, possibly killing her and then do the same to the girls, God forbid,







ANDREA, :

I cannot believe this - My entire last paragraph disappeared

ANDREA, :

Please give me a moment to retype.

Customer :

Would this be a good enough reason to modify custody according to a judge?

ANDREA, :

I will send it piece meal so that if it gets lost the entire paragraph will not be lost

ANDREA, :

Absolutely,

ANDREA, :

Since you cannot file a Petition or anything else to keep the mother's boyfriend away from the girls, your only option is to file a Petition to Modify Custody before he does serious physical injury toyour girls

ANDREA, :

In fact, since they have witnessed the violence this perso is iflictin on their mother, they will need substantial counseling, as it is

Customer :

And if I have no evidence except the call log of when she called me before she arrived that early morning and text messages of her trying to change her story. Is that enough for the judge? I'm mean he could ask to see her bruises too!

Customer :

Well my daughters have not seen them fight physically though. They were staying at his mothers house the night it happened the second time.

ANDREA, :

File a Petition to Modify Custody, asking the Judge to award you full physical custody, and , under the circumstances, visitation with mother should be supervised so that she does not allow her boyfriend to be any where near the children during her visitation time

Customer :

would this be enough to ask for full custody? Because I really want to protect them. They are the only reason I get up every morning.

ANDREA, :

Whe n you ask the Juge for full physical Custody, you will have standing as the cusotdial p parent to ask the Court to prohibit this boyfriend from going anywhere close to the children

ANDREA, :




Customer :

But would this be enough reason for a judge to give me full custody with the lack of evidence?

Customer :

This is my last question. After this I will click the Accept button.

ANDREA, :

No problem

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 2 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 2 years ago.

Thank you for Accepting my Answer, I appreciate it gratly.

You said you had one more question, please follow up on that.

I apologize for going to Question and Answer mode, but my posts were not beig sent to your screen

Please post yoyr follow up question here. There are no additonal charges for ny follow up questions for clarificatio

ANDREA

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Andrea, Esq.
Andrea, Esq.
Attorney
6894 Satisfied Customers
25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.