Legal Question in Civil Litigation in New York
Restraining order
Thank you for taking the time to review my question. I have a little predicament. My husband and I are separated and have been for 6 months and I have a boyfriend who resides in Memphis, Tennessee and my children and I are in N.Y (as is my husband). My boyfriend is aware of some of the difficulties my husband has created for me. So, my boyfriend contacted my husband and told him that for my sake and the sake of our two children he should just be peaceful. Well, my husband went to the police station, filed a complaint against him, stating that he was threatening, and said he would take the children away, etc. He now says he is going to get a restraining order against him on behalf of himself as well as our two children and my boyfriend will not be permitted to call or visit my home because the children reside with me. My boyfriend is very good to myself and my children, and this is a sad situation. This is all my husband's desperate attempt to ruin my life. Do I have any recourse here? He says the restraining order will be in effect for 6 months and then he is going for a permanent one. He finds this quite amusing because he indicates that now my boyfriend and I will need to sever our relationship. Can I do anything about this?
2 Answers from Attorneys
Re: Restraining order
Your husband can create a lot of trouble if he should contact Social Services about the situation and makes any sort of accusation of maltreatment or neglect regarding your kids.
This could create problems for you and your boyfriend with the Child protective services.
If you already have a separation agreement that you were trying to convert into a divorce after living apart for a year, try to calm your husband down and remind him that if he causes problems now, the time and energy that went into getting the agreement negotiated will be wasted.
If you don't have an agreement, and have neither a custody order nor any divorce proceeding commenced, it is time to consult an attorney who specializes in the field. You should ensure that you have an order awarding you legal custody, and directing support from your husband. Get an attorney who specializes in this field.
Re: Restraining order
You can't do anything, your boyfriend can fight the restraining order by appearing in court, but your boyfriend would be well advised not to contact your ex. Your ex may have had his heart in the right place but he can do no good getting in the middle of the children and their father.
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