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Law Girl
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Category: Criminal Law
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Experience:  I have practiced criminal law.
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Can a wife file restraining order on behalf of a ...

Resolved Question:

Can a wife file restraining order on behalf of a spouse against his wishes, even when there''s no evidence of harrassment or threats against either the wife or spouse.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Law Girl replied 9 years ago.


Thank you for your question.

Generally, a couple would have to file for a restraining order together, unless the spouse is incapacitated or unable to assert his own rights. But generally speaking, a wife can file whatever documents she wants without proof. It is up to the judge to review the application and determine whether actual harassment or threat exists and then make the determination about whether to issue the restraining order.

Chances are that without proof of actual or imminent threat or danger, the judge will deny the restraining order. Additionally, unless the wife has an adequate excuse for why she is pursuing her spouse's rights, the order will probably be denied.

Please let me know if you have any other questions. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!


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