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Ellen, Lawyer, Consultant
Category: Legal
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Experience:  25 years of experience helping people like you.
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I am dating a women going through a rather nasty divorce, I

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I am dating a women going through a rather nasty divorce, I am also going through a divorce. Both marriages are ending because of an affair that I had with this women while we both were still married. None the less, her soon to be ex, is verbally abusive to her and telling lies about me. Yesterday I decided it was time I had a conversation with him. When he dropped the kids off, she(his wife) took the kids inside, I told him now is his opportunity to say to my face what he has been saying behind my back, obviously he says he has never said a word bad about me. I told him if he continues to spread rumors of a drug problem I have(which I don't) I will look into filing a defamation of character suit, and Lastly, i told him, when his wife(my girlfriend) sees him and she calls me crying because of his verbal abuse he and I are going to have to talk about it, since no one else wants to hold him accountable. His mother was in the car with him, and I had no idea but his sister's daughter was also in the back seat. As he pulled away he hit my arm with the rearview mirror and ran my foot over with the car. He then called his wife(my girlfriend) and said he was going to file a restraining order against me. This all happened at the house he and his wife still own together because he is dragging this thing out and he currently is just getting out of a rehab center for alcohol and pain pill abuse. Do I have anything to worry about?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Did you make any type of physical threat to him? Did he give you warning before he pulled away?
Customer: replied 4 years ago.

I made no physical threats(but I am physically intimidating, Im a pretty big guy), and i got no warning at all from him when he pulled away. Lastly, I never even raised my voice at all, his mother tried to interupt me and I asked her to give me a minute............

Thank you for your explanation.

Based upon the facts in your post, you did not do anything wrong. The man physically assaulted you with his vehicle and then threatened to obtain a restraining order against you! This is a serious criminal matter that should be reported to the police.

Consider filing a police report and obtain a restraining order against him. The various charges that may be filed include assault with a deadly weapon and endangering the welfare of a minor.

I would be glad to respond to continue our conversation and any follow-up questions that you may have.

Have I answered your question or may I clarify or explain further?
Customer: replied 4 years ago.

I asked one other point of clarification, thats the only part unclear, as you will see in the question, it seems as though I am not very protected against a restraining order

Your facts do not indicate a basis for a restraining order to be entered against you.

In order to obtain a temporary restraining order, the person would need to file a false statement with the court stating that you physically threatened him. If the judge believed him, the judge would grant a temporary restraining order. A hearing would then be set to determine whether the TRO should be extended. At that hearing, you may be heard and may present your side. If you are successful, the TRO will be dismissed and you could bring an action against the person defamation

That said, filing a police report regarding the assault with the vehicle, would help your position

I would be glad to respond to any follow-up questions that you may have.
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