Legal Question in Family Law in Louisiana
Restraining Order
My husbands ex-wife has a D.V. Restraining Order against her husband,(the step-father of my husbands 2 kids). The restraining order also protects my husbands 2 kids, yet she brought the 2 children around him and we also have a picture of the step-dad and 2 kids after the restraining order was issued!
We have 50-50 custody, this man has a violent, mental and Alchoholic history and a wrap sheet to prove it. The ex is not happy that we are not allowing the kids to ever be around the step-dad again and the fact that she broke the restraining order is very upsetting. What rights does my husband have to take the children on the weekends that she has them and know that she will be seeing the step-fahter?
1 Answer from Attorneys
Re: Restraining Order
He needs to file his own TRO and get an injunction if he can prove he is a danger to his children. Since she got the TRO there had to be allegations you can use, but unfortunately it is her TRO so she can break it.