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Protective Order?

Posted by on May. 31, 2013 at 10:43 AM
  • 17 Replies

This is not my situation, but its been bugging me all night...

A friend of mine left her husband last November. They have a 4 year old special needs child. Her husband was verbally abusive towards her and has a complete "everything in life sucks" attitude. She may be the most bubbly person I have every met. So anyway, she starts dating her new boyfriend in January. From Nov-April, her ex has no contact with her OR her son. In April, he starts taking him once a week for a few hours. 

This past week, her and her new boyfriend take her son on a cruise. When they get back, she gets a letter from her husbands lawyer stating that he is seeking a protective order against her boyfriend. He doesnt want her boyfriend around their son. 

So my question really is... What The Fuck? Can he actually do that for no reason? My personal opinion is that it really has nothing to do with the child, but more of the fact that he never wanted a divorce. Has anyone ever been through this?

by on May. 31, 2013 at 10:43 AM
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Replies (1-10):
DDDaysh
by Bronze Member on May. 31, 2013 at 10:46 AM

 He can seek one, but he'll have to have a reason. 

progressandjoy
by Gold Member on May. 31, 2013 at 10:47 AM

There should be a court date – DO NOT MISS IT.

cLanief
by on May. 31, 2013 at 10:50 AM
Lol unless he can show cause I wouldn't worry about it... but she sshouldn't miss any court dates.
momof2cuteboys
by Silver Member on May. 31, 2013 at 10:51 AM

he can't get one for no reason.  He would have to have some proof as to why he feels threatened or thinks his child is in danger around her SO.  Don't miss the court date!

ejsmom4604
by on May. 31, 2013 at 11:19 AM

Actually he can get one. He can get something in the CO that states unless married, she can't have her boyfriend around the child or living with them. However, she can counter and do the same. Now, how easily can he do it? Well that varies from state to state. 

Oh wait...you said protective order...no, he would have to prove your friends boyfriend is harming or endangering her or their child. However, as to a court order regarding custody, child support, and visitation, yes he can until she remarries, IF she remarries. 

amantonacci
by Platinum Member on May. 31, 2013 at 11:25 AM
3 moms liked this
As my attorney always tells me when I'm confronted with stupid things. Anybody can ask for whatever they want, what is important is if they can get it.
LoveMy2x4
by on May. 31, 2013 at 11:48 AM
1 mom liked this


I think the weird thing is that he isnt seeking any form of custody. At all. All his is trying to do is have her boyfriend not be near his kid. You would think that if this guy REALLY thought his kid was in danger, he would try and get custody of him, right?

Quoting ejsmom4604:

Actually he can get one. He can get something in the CO that states unless married, she can't have her boyfriend around the child or living with them. However, she can counter and do the same. Now, how easily can he do it? Well that varies from state to state. 

Oh wait...you said protective order...no, he would have to prove your friends boyfriend is harming or endangering her or their child. However, as to a court order regarding custody, child support, and visitation, yes he can until she remarries, IF she remarries. 



Leigh84
by Gold Member on May. 31, 2013 at 11:51 AM
She will have to go to court BUT I'm sure it will be thrown out if dad has no reason behind it.
faerie75
by Ruby Member on May. 31, 2013 at 11:52 AM
No. They won't bar contact completely without just cause. They can bar non relatives of the opposite gender staying the night but not complete contact.

ETA I should read the second paragraph before replyinf lol


Quoting ejsmom4604:

Actually he can get one. He can get something in the CO that states unless married, she can't have her boyfriend around the child or living with them. However, she can counter and do the same. Now, how easily can he do it? Well that varies from state to state. 

Oh wait...you said protective order...no, he would have to prove your friends boyfriend is harming or endangering her or their child. However, as to a court order regarding custody, child support, and visitation, yes he can until she remarries, IF she remarries. 

ejsmom4604
by on May. 31, 2013 at 12:24 PM
1 mom liked this

Lol...no worries, I have done that same thing too many times to count on my fingers and toes. And just when I think I finally learned, nope I go and do it again. :D

Quoting faerie75:

No. They won't bar contact completely without just cause. They can bar non relatives of the opposite gender staying the night but not complete contact.

ETA I should read the second paragraph before replyinf lol


Quoting ejsmom4604:

Actually he can get one. He can get something in the CO that states unless married, she can't have her boyfriend around the child or living with them. However, she can counter and do the same. Now, how easily can he do it? Well that varies from state to state. 

Oh wait...you said protective order...no, he would have to prove your friends boyfriend is harming or endangering her or their child. However, as to a court order regarding custody, child support, and visitation, yes he can until she remarries, IF she remarries. 


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