How can I get a restraining order from having my ex and his attorney go after my fiance and his family. because custody battle

Asked over 1 year ago - Murrysville, PA

They are making up vicious lies, and stated that my fiance has put hands on my daughter, which is completely without a doubt false. His children are around my daughter almost 99% of the time, my daughter would have told me, she is 3.5 though, and he watches my youngest 9 month old. They trying to get his mother into trouble for putting pictures up of our daughter on her works website from an easter egg hunt. I was there, I gave permission, we have 50/50 custody. they are trying to cause a rift i am not sure what i can do to make it stop

Attorney answers (4)

  1. Lidia L. Alperovich

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . This is really not a restraining order issue. However, if there is a custody agreement/order, there may be a clause for mutual respect.

  2. Randi Joy Silverman

    Contributor Level 16

    3

    Lawyers agree

    Answered . I do not think that you can get a restraining order, but you shoulder with an experienced family law attorney to determine whether the Judge can intervene as part of the custody proceedings.

    My response is based solely on the limited information contained in the question. It is not meant to substitute... more
  3. Jacob Ryan Lauser

    Contributor Level 14

    3

    Lawyers agree

    Answered . This isn't something the courts will give a restraining order for. In fact, the only real restraining order available in PA is a Protection From Abuse, which applies only in Domestic Violence situations.

    What you're talking about is simply a request to a Family Law judge to order a stop to alienating behavior from the other parent. Most states, including Pennsylvania recognize that Parental Alienation is a serious problem and a danger to the well-being of children. California even defines at as Child Abuse. But what you need to know is that it is a disorder that has a remedy in court.

    First, I recommend that you research "Parental Alienation" and "Parental Alienation Syndrome" on Google and read up on it. Then, you can described your concerns to the court and how you feel that you ex-husband is interfering with your fiance and his family. What you really need to do is avoid stooping to his level, and thereby becoming an alienating parent yourself.

    Using language like "vicious lies" tells me that you are frustrated and upset, but you need to remain calm, no matter what he does, and remain reasonable in your presentation to the Court.

    I recommend that you contact a reputable and experienced Family Law Attorney in your area for more assistance in this case and in presenting your request to the Court to stop this behavior and to put it to rest quickly.

    Good Luck!

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.... more
  4. Richard A Merola

    Contributor Level 4

    Answered . In custody hearing, the Judge has wide latitude to hear all issues that may bear on the best interest of the child/children involved. Often is the case where bold allegations are made against third parties with no credible evidence to support same. You have a couple of options, first, your fiance and his family may hire counsel to make sure that your ex does violate any of your fiance's rights. Second, if you are able to show that your ex has no basis to make such allegations and further that your ex is doing this only as a form of harassment, you may be able to have your attorney file a motion for protective order to stop your ex from making any further allegations about your fiance and his family.

    This answer in no way constitutes and attorney client relationship and this answer shall not be considered legal... more

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