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How can you get a protection order from the biological father/soon to be x-husband if he has never hit you, but harasses you?

Austin, TX |

Husband kicked out pregnant wife. Soon to be x-husband has threatened in various forms from attempted blackmail to insults. Threats have been made that he would try to sabotage relationships between the soon to be mother and her family, and also that he would claim the mother is unstable. The judge told him not to contact the mother, that he was to negotiate with her lawyer only. He has repeatedly tried to get her to talk to him despite the judges orders, and even tried to get her isolated from others in a physical way that won't be mentioned here. He is trying in many ways to get her alone, and is not welcome on her property. There is a custody issue with a signed MSA with the mother as primary and they both have JMC of the unborn baby.

Attorney Answers 4


  1. Keep all contacts - let him leave messages and do not answer so you will have his voicemails.

    You can file harassment charges against him. You do not qualify for a restraining order without a real threat (usually as demonstrated by past actions) of physical harm.

    Cynthia Henley
    713-222-1220


  2. Is the MSA for the unborn baby or another child? While a protective order is not available at this time a temporary restraining order may be an option. While this is not as strong as the protective order it gives you more options.


  3. You are not elgible for a Protective Order but my be able to obtain a Restraining Order. These are two different things. The application for Restraining Order would be filed in a civil district court as an entierly different case than your divorce. You would have to hire an attorney to pursue this. There is not a form you can fill out and turn in.


  4. You can't ask for a protective order because you don't meet the test at this point. In order to apply for a protective order, there must have been an actual assault of family violence against the person and there must be a foreseeable threat of violence in the future. Having said that, you can request for a temporary restraining order based on the harassment.

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