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Can I get a restraing order against my wife's boyfriend. She

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has been living with him...
Can I get a restraing order against my wife's boyfriend. She has been living with him for 3 months.
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: SC Not really.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We have open dss case. We were both tested and fail THC test. I quit and cooperated and have custody of kids. My case is being closed just waiting on the letter. She ran and did not cooperate until now. She is trying to get dss on her side and she wants her new boyfriend to be around kids. Right now she only has supervised visitation but I'm sure that will change soon
Submitted: 1 year ago.Category: Family Law
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10/28/2016
Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,548
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

Has the bf done anything to you? Do you want to get him excluded from supervised and all types of visitation?

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

If your kids are young, having the bf around is bound to be horribly confusing for them. It's a terrible idea if they're really young. Even if they're older, they can be very resentful, so the bf doesn't belong at visitations. You can try to get an order that prevents the bf from being present based on these reasons.

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

Unless the bf did something to you personally, you can't get a restraining order, but you can ask for an order to keep him out of all visitation.

You can start with DSS and ask that they keep him from supervised visitation. Let DSS know it's confusing to the kids. Not all DSS workers understand this, but they should. But you can start by asking DSS to keep him out of it. If that doesn't work, you can go to court to ask for an order to keep him away from the kids. A lot of times these orders are granted. I don't know the ages of the kids but having him around is not a good idea and it shows bad judgment on her part.If you need a lawyer to help you, just let me know and I can find lawyers for you in your area -- I'd just need to know a big city near where you are located so I can find lawyers for you.

You can't get a restraining order unless he did something to you personally, but you can ask for an order to keep him away from the kids.

Does this answer your question? I'm happy to give you any more information you need.

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

Please let me know if you have any more questions as I am happy to answer them.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find a lawyer. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated. Thanks so much!

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Thanks for letting me help you tonight!

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

Than, you for letting me help you this evening. Let me know if you have more questions as I'm happy to answer them.

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

NYFamilyLawyer

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