# Legal Question



## user_1933 (Feb 19, 2013)

Any legal people out there? My separated husband is threatening to get a restraining order to keep a guy I have been seeing away from the children. Can he court order who I have around? He is not dangerous or a sex offender or anything. He has a girlfriend, so it is not a jealousy thing. Says he "has a bad feeling"


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## PBear (Nov 16, 2010)

You should talk to a local lawyer, as it may vary by jurisdiction. How long have you been separated? And does he abide by the same rule?

C
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## GTdad (Aug 15, 2011)

Yeah, too many potential angles here unique to your situation, including who the judge is and even his or her mood. Even if it can be granted ex parte, chances are there'll be a hearing required to keep it in effect.

Does he tend to follow up on this threats or is he probably blowing smoke?

Has he mentioned the alleged basis for an RO?


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## user_1933 (Feb 19, 2013)

I am in ohio, and we have been separated for 6 months. I have the kids 6 days, he has them 1. He is willing to abide by the same rule, but it is slightly easier for him. I am not moving the person in, nor are they spending time with my children, I just refuse to say that I won't have him over after the kids go to bed to watch movies and such. He says that he believes this guy is a violent drug user, which is not true. He says he has a record, which there is a disorderly conduct misdemeanor on his record. That doesn't seem like enough to issue a restraining order.


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## PBear (Nov 16, 2010)

Btw... Look up "morality clause". It's used in some divorces to attempt to do exactly what your husband wants to do. I have no idea how effective it is. But it doesn't seem like a bad idea. 

C
_Posted via Mobile Device_


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## talin (Apr 25, 2012)

Generally speaking, in most jurisdictions, restraining orders can only be served on someone you've been in a relationship with.

Do a search on filing Restraining Orders in your state, you'll find answers.

Also generally speaking it's not possible to keep an ex spouse from bringing other adults around their children, unless they can be deemed some sort of danger to the kids.

Edited to add

Ok, here's something about OHIO:

Since your friend isn't a household or family member it's not easy to get an order:

_If you are not considered a household or family member according to O.R.C. 2919.25, then you may request a Protection Order if any of the following charges are filed on your behalf under State code:

Felonious Assault
Aggravated Assault
Assault
Aggravated Menacing
Menacing by Stalking
Menacing
and Aggravated Trespass

http://www.fccourts.org/drj/protectionorders.html#01
_


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## user_1933 (Feb 19, 2013)

thanks for the comments.


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