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

Share the Knowledge!

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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



Share the Knowledge!
Share:

Author: House Attorney