Can a Restraining Order Prevent My Ex-Husband from Testifying?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I live in Oklahoma. I was granted a permanent restraining/protective order against my abusive ex-husband on behalf of my oldest daughter who is 16-years-old. The restraining order only protects her and not me. We also have an emergency protective order in place for her against his live-in girlfriend. The girlfriend wants to use my ex-husband as a witness in the hearing coming up in July, but I would think this would be a violation of the permanent order on him to be in the courtroom with my daughter. It would serve to further frighten and intimidate my daughter as well. Would it be a violation, and if so, do I notify a bailiff if he shows up there?

In most states, there are different procedural rules that dictate how such scenarios will be heard in court. You will need to contact the court in which the hearing will be heard well before the court date (do not delay to notify the court until the day of the hearing). If your ex-husband is ordered to testify as a witness, the court may remove your daughter from the courtroom doing the testimony. Again, you will need to check your local court rules (procedures) to know for sure.