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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102320
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question about a child protective order. My sister

Customer Question

Hi, I have a question about a child protective order. My sister has 2 kids and just recently broke up with the father of the kids as well. She went back to seeing a man who has been in jail multiple times and is very into drugs like meth and others. I don't trust him around my nieces and i want to get an order to keep him away from them. I'm only their aunt so I'm assuming i couldn't do much but the father is willing to help as well. what could we do?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: utah
JA: Has anything been filed or reported?
Customer: No thats what I'm looking into doing. Because i know he is always on drugs I don't want him near them.. is that enough to get a protective order or does it have to be abusive
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Unless you are the parent or a court-appointed guardian, you have no standing to file such a restraining order on behalf of the child. Only the parent or a court-appointed guardian can do this. So if you are saying that the father is willing to help, then HE can file such a restraining order on the child's behalf. See HERE.

However, such orders are meant if the person is THREATENING the complainant (in this case, the child). The Court may not actually grant it. For better results, the father may wish to file for formal custody of the child in Court, and get it. As part of that matter, he can ask that the mother be ordered not to be around dangerous people during her visitation with the child. That would be the proper way to go.

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