Order of Protection


#1

So my soon to be ex-husband supposedly filed an Order of Protection against my boyfriend, who does have a felony in another state. What can I do to get this order removed? I have been harrassed by my ex-husband who was having an extramarital affair while we were together and that is the reason why I left him. Now it seems that since I have gotten a boyfriend he is doing anything and everything to try and ruin my life. Is it possible that he can get this Order of Protection against him even though he has not been around our children in anyway and would never hurt them? How do you just obtain one? This makes absolutely no sense to me and I cannot believe that they would just allow one to be served without a reasonable cause other than a jealous ex-husband. Please advise me and thank you so much ahead of time.


#2

If there is an order of protection your boyfriend should have been served with the same, and given notice of a hearing date when the court will determine if the order should remain in effect. If there are no grounds the court will not issue the order.


#3

Now my ex had stated to me that since he has a felony in another state that he can just get this order of protection. Is that true? Especially since my boyfriend has done nothing to put these children in danger, has actually not even been around them yet and has not been around my ex at all. Also since I am filing for custody of our children will he have any right to do this and put my children on it? Won’t he have to ask me before filing this? I am just trying to cover all angles on this and I appreciate your help so much in this matter.


#4

There is no such thing as an automatic restraining order, and your ex would have to show good cause to keep your boyfriend away from the children.