Legal Question in Family Law in New Jersey
Would I qualify for a temporary restraining order?
I'm separated from my wife for over 2 years. She is living with a boyfriend. I have sole custody of my 2 sons. I am interested in a temporary restraining order against her boyfriend and would like to know if I COULD get one and could I use recent offenses as well as past offenses? My 9 year-old is struggling in school. He has ADHD. He is afraid of her boyfriend as he told a child spychologist that he dreams about nightmares and the monster is the boyfriend. In April, 2003, he tried to break into my home & threatened my older son that he would break down the door if he did not open it. This was not reported to the police. But then I was threatened by him through my wife in Feb, 2003, on the phone saying that ''he would come and deal with me.'' It was his 2nd threat. I DID file a complaint with the police that time. He argues with my wife constantly in front of my son. He has ''talks'' with him after he hears that the boy tells me what happens while he is there. He puts my son on guilt trips about how he would feel if his mom ''went away.'' Over this past weekend he used 4-letter words in the car against another driver. The man has a bad temper & my boy is scared to be with him but my wife will not listen. Can I keep him away?
2 Answers from Attorneys
Re: Would I qualify for a temporary restraining order?
You may have some chance of a restraining order (temporary is only that, you need a final permanent order), but this is tied up with the intricacies of divorce law. I suggest you consult an experienced divorce attorney; this is too important to take no action.
Re: Would I qualify for a temporary restraining order?
It would be more likely that you could obtain restraints against him in the context of the divorce proceedings, as opposed to restraints under the Domestic Violence Act. In order to obtain this, you would need to file a Motion in the Family Court and your chances of success would markedly increase if you retained an experienced Family Law lawyer. Keep in mind that this advice is based on the minimal information that you have given me; my answer could likely change given additional facts. And no advice from an attorney can be relied upon unless you have actually retained that lawyer. If you do not currently have a lawyer, you should immediately contact one (either me or someone else) to have your rights protected. If you contact me ([email protected]), I will be happy to give you a free one hour consultation. Good luck! Rob Gleaner
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