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.
Can I get a restraining order against my ex-husband’s girlfriend to not to be around my children? My children are complaining about her and now my ex-husband is telling my kids they will get in trouble if they tell me anything? I divorced him because of domestic violence towards me. He has never demonstrated any violence towards our kids. The girlfriend is not supposed to be in America. She doesn’t have legal documents.
The specific requirements for a restraining order (or protection order) can vary from state to state, but generally, the person whom you are requesting an order against has to present some sort of potential harm to you. This could be physical harm or emotional harm.
You don’t specify what the girlfriend is doing to make your children complain. If she is physically harming them or verbally harassing them, you may well be able to obtain a protection order from her. However, if she simply does things that you or your children don’t like, like enforcing reasonable rules in her or your ex-husband’s home, you will probably not be able to obtain a restraining order against her. Her legal status will probably not be considered in a restraining order. If you believe an order is appropriate, you can call your local courthouse to find out the process. You can also contact a family law attorney who can help advise you.
You may also consider filing a motion with the court that issued your parenting agreement to modify that agreement. When circumstances change significantly, a court may consider modifying the orders it issued when your divorce was completed. A new partner may be
considered a significant change in circumstances. If you want to attempt to modify your parenting orders, you should strongly consider consulting a family law attorney. You should also document every incident that concerns you so that you have evidence during a modification proceeding.
