I still speak with my boyfriend. My husband wants to file a restraining order. Can he?
Anyone can file anything but unless he has standing then his petition will be denied.
To qualify for a DVRO you need to:
1) Be the victim of “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
2) By a “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
If your husband can prove 1 & 2 then, theoretically, the Judge should grant him a DVRO, but he cannot do so on your behalf and he has to be a victim himself.
That said, if you value your marriage then you should probably reconsider the importance of maintaining contact with your ex... the past is the past for a reason.
Wishing you good judgment and hoping that I have been helpful in answering your question.
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He can but it depends on what your boyfriend is doing as to whether one would be granted. It would not be granted on the basis of you talking to your boyfriend. The more proper venue would be a petition filed in divorce court.
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