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Can I put a restraining order against my wife. She is using drugs and doing them in front of our son. I have not filed for a

Columbus, OH |

divorce or legal separation

Attorney Answers 2


  1. There are several types of “Restraining Orders” possible. One is generated when a criminal complaint for domestic violence has been issued against a person. In a non-criminal case, a Civil Protection Order can also be filed by the domestic relations court in the event of domestic violence or a substantial threat of violence against a family member. Another type would be an “anti-stalking” retraining order. Unless there is violence or threat of violence, these do not fit and are probably not what you will need.

    There are also restraining orders that can be obtained in the context of a divorce or legal separation. This is likely more what you may need. You may also need to seek an emergency protection order. You have not said the age of the child or the type of drugs involved. These factors may impact the Court’s perception of the risk level. I would talk over your options with a family law attorney in your area. Another option may be to talk with Children’s Services. Best wishes.

    IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: piperlawoffice@gmail.com.


  2. "Restraining orders" come in many shapes and sizes and are used for many specific purposes. If a family/household member is in immediate danger of harm, a civil protection order may be appropriate. If an urgent need to change the custody and care of a child, an emergency custody order may be necessary to protect the child. If a divorce is imminent, temporary orders and/or the appointment of a guardian ad litem may address your concerns. Either way, it appears that handling this issue should be done soon. Your questions could be better answered with a free consult by a family law attorney. I would be happy to speak with you at (614)207-1673.

    Disclaimer - I am a practicing attorney in Ohio. The law varies state to state. This is being offered as general legal education. There is no explicit or implicit offer to provide legal representation.

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