Can I get a restraining order to keep someone that my ex-wife is dating away from my kids?
I have witnessed him being violent and unstable when intoxicated and I don't feel safe with him being near my kids. I can't stop her from seeing him and I'm wondering if I am able to keep him from being near them. We are very recently divorced and she is the home parent.
You will be looking for both a temporary restraining order (TRO) and then a temporary injunction. When you file suit, you may ask the court for an immediate, emergency order (the TRO) keeping this individual from being around your children. You will then have a hearing within 14 days of the TRO being signed. At that hearing, the judge will hear evidence and decide whether or not to keep the order in place. You should consult an attorney and gather as much evidence you can. If you believe your children are in danger, contact child protective services.
Yes, you can file a pleading in Court stating that the current circumstances place your children in harms way and that you need extraordinary relief. If the Court believes the children are in danger, it may order that she is not allowed to have him around the children at any time on a temporary basis. The Court will then likely examine the evidence you have to decide how things will be on a permanent basis. Whether you are successful may significantly depend on your evidence. What is the extent of his violence? Who has it been directed towards in the past? Was anyone hurt? I am sorry for your situation and I wish you the best of luck.
