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ex wife restraining order

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solace

Junior Member
What is the name of your state? Kentucky
my ex wife is trying to put a restraining order on my current wife just to cause problems for us.
she is trying to make it where my daughter cannot be around her. she told me today 'you will have to choose between your daughter and her!'
she truly has no legitimate claims to this and i doubt it would go through but if it did what would happen?
How can we still function as a husband and wife and me having my daughter, could she do this even? my current wife takes care of my daughter 10x better then my ex does and she would never harm her. what do i do?
 


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mistoffolees

Senior Member
solace said:
What is the name of your state? Kentucky
my ex wife is trying to put a restraining order on my current wife just to cause problems for us.
she is trying to make it where my daughter cannot be around her. she told me today 'you will have to choose between your daughter and her!'
she truly has no legitimate claims to this and i doubt it would go through but if it did what would happen?
How can we still function as a husband and wife and me having my daughter, could she do this even? my current wife takes care of my daughter 10x better then my ex does and she would never harm her. what do i do?
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What you do is see an attorney if your ex goes through with it. She will need some evidence to get a restraining order, so if there is no legitimate claim, you probably have nothing to worry about (other than the expense of defending yourselves).

If a restraining order were to be issued, you would have to do exactly what it says. If it said your daughter could not be around your wife, then your daughter could not be around your wife. Period. Not even for a little while.

But that's hypothetical. For now, if you think she's serious, you should see an attorney. If she has made that kind of threat before and never followed through, you might choose to do nothing until she actually follows through.
 
S

solace

Junior Member
i know she went through with it.
she would have to prove she hurt my daughter though right? i mean you cant just get these things because you dont like them...
so i mean how would we live life then? we have to have seperate homes or something? i mean wouldnt it be my word against hers? could i just say she has done absolutely NOTHING to hurt her. she is just the jealous exwife that is trying to ruin my life. it just wouldnt make any sense?
 
LdiJ

LdiJ

Senior Member
solace said:
i know she went through with it.
she would have to prove she hurt my daughter though right? i mean you cant just get these things because you dont like them...
so i mean how would we live life then? we have to have seperate homes or something? i mean wouldnt it be my word against hers? could i just say she has done absolutely NOTHING to hurt her. she is just the jealous exwife that is trying to ruin my life. it just wouldnt make any sense?
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It honestly depends on what is going on. Generally yes, she would have to prove that somehow your wife is abusing your child. However, it wouldn't absolutely have to be physical abuse.
 
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mistoffolees

Senior Member
solace said:
i know she went through with it.
she would have to prove she hurt my daughter though right? i mean you cant just get these things because you dont like them...
so i mean how would we live life then? we have to have seperate homes or something? i mean wouldnt it be my word against hers? could i just say she has done absolutely NOTHING to hurt her. she is just the jealous exwife that is trying to ruin my life. it just wouldnt make any sense?
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If she went through with it, you need to see a good attorney immediately.

She has to show harm (not just physical harm, though. Emotional harm could apply) sufficient to convince a judge. If it is her word against yours, it would depend on who is more credible.

As I explained, if she manages to obtain a restraining order against your wife, then you have no choice but to comply. When your daughter is in your house, the wife can not be there. How you manage that is up to you.

But what you really need to do is get a good attorney rather than spending days worrying about it.
 
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Bali Hai

Senior Member
LdiJ said:
It honestly depends on what is going on. Generally yes, she would have to prove that somehow your wife is abusing your child. However, it wouldn't absolutely have to be physical abuse.
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You mean the wife doesn't have to prove her innocence???
 
S

solace

Junior Member
my daughter is 1 yr 3 months old and the only thing she has is bumps and bruises from learning to walk and playing rough like any other child her age will have. she absolutely loves my wife and there is no question of harm physical or mentally. my daughter will willingly go to her and play with her, crawl up in her lap with a book or toy. my wife taught her to give high-fives, to say 'thank you' etc etc. my wife is a way better mom than my ex ever was. my ex is trying to make my life as rough as possible for us.
we have an attorney meeting on thursday. i would have to think there would be absolutely no way she could prove she harmed her. again, there is NO mental abuse she is the happiest baby you've ever seen in your life and my wife would never harm her or do anything even questionable.
i guess it all started when my ex wife was posting stuff on myspace about how crappy of a dad i am (which is absolutely not true) and my wife was on her friends list and saw the post. she calmly said that she was wrong to post that kind of thing and that she was wrong in doing it. she never threatened her, she never calls her or emails her since. but remained on the friends list even after. so my ex is trying to say she threatened her online or harrassed her. this is all she has to go on. now the other day my ex called me 3 times in 1 hour harrassing me about my personal life. she started threatening me with things and my wife overheard and said 'i havent even done anything to her!' she is trying to say that is verbal abuse towards her and my daughter heard her yelling and its bad for her or something.
does this all sound pretty petty? its obvious its just for spite and trying to cause a problem. she constantly threatens me and calls all the time inquiring about where i am and what im doing and who i am with. i wish i could find a good aggressive lawyer that would really take her to the cleaners....
 
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Bali Hai

Senior Member
solace said:
my daughter is 1 yr 3 months old and the only thing she has is bumps and bruises from learning to walk and playing rough like any other child her age will have. she absolutely loves my wife and there is no question of harm physical or mentally. my daughter will willingly go to her and play with her, crawl up in her lap with a book or toy. my wife taught her to give high-fives, to say 'thank you' etc etc. my wife is a way better mom than my ex ever was. my ex is trying to make my life as rough as possible for us.
we have an attorney meeting on thursday. i would have to think there would be absolutely no way she could prove she harmed her. again, there is NO mental abuse she is the happiest baby you've ever seen in your life and my wife would never harm her or do anything even questionable.
i guess it all started when my ex wife was posting stuff on myspace about how crappy of a dad i am (which is absolutely not true) and my wife was on her friends list and saw the post. she calmly said that she was wrong to post that kind of thing and that she was wrong in doing it. she never threatened her, she never calls her or emails her since. but remained on the friends list even after. so my ex is trying to say she threatened her online or harrassed her. this is all she has to go on. now the other day my ex called me 3 times in 1 hour harrassing me about my personal life. she started threatening me with things and my wife overheard and said 'i havent even done anything to her!' she is trying to say that is verbal abuse towards her and my daughter heard her yelling and its bad for her or something.
does this all sound pretty petty? its obvious its just for spite and trying to cause a problem. she constantly threatens me and calls all the time inquiring about where i am and what im doing and who i am with. i wish i could find a good aggressive lawyer that would really take her to the cleaners....
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That would be nice but you have the roles reversed....it is the lawyers who will take YOU to the cleaners in this perverse double standard judicial system that women have managed to bast@rdize in the last 25-30 years!!
 
Zigner

Zigner

Senior Member, Non-Attorney
Bali Hai said:
That would be nice but you have the roles reversed....it is the lawyers who will take YOU to the cleaners in this perverse double standard judicial system that women have managed to bast@rdize in the last 25-30 years!!
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Calm down there big boy. I can tell you (as a man) that the woman doesn't always come out on top. :rolleyes:
 
LdiJ

LdiJ

Senior Member
solace said:
my daughter is 1 yr 3 months old and the only thing she has is bumps and bruises from learning to walk and playing rough like any other child her age will have. she absolutely loves my wife and there is no question of harm physical or mentally. my daughter will willingly go to her and play with her, crawl up in her lap with a book or toy. my wife taught her to give high-fives, to say 'thank you' etc etc. my wife is a way better mom than my ex ever was. my ex is trying to make my life as rough as possible for us.
we have an attorney meeting on thursday. i would have to think there would be absolutely no way she could prove she harmed her. again, there is NO mental abuse she is the happiest baby you've ever seen in your life and my wife would never harm her or do anything even questionable.
i guess it all started when my ex wife was posting stuff on myspace about how crappy of a dad i am (which is absolutely not true) and my wife was on her friends list and saw the post. she calmly said that she was wrong to post that kind of thing and that she was wrong in doing it. she never threatened her, she never calls her or emails her since. but remained on the friends list even after. so my ex is trying to say she threatened her online or harrassed her. this is all she has to go on. now the other day my ex called me 3 times in 1 hour harrassing me about my personal life. she started threatening me with things and my wife overheard and said 'i havent even done anything to her!' she is trying to say that is verbal abuse towards her and my daughter heard her yelling and its bad for her or something.
does this all sound pretty petty? its obvious its just for spite and trying to cause a problem. she constantly threatens me and calls all the time inquiring about where i am and what im doing and who i am with. i wish i could find a good aggressive lawyer that would really take her to the cleaners....
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I do see something that could be a possible problem for you if you don't nip it in the bud. You have stated multiple times that your wife is a better mother to the child than the child's mother is. Those kinds of statements/that kind of attitude, could get you in enormous trouble with the courts. You child has only two parents...you, and her mother. Your wife is NOT your child's parent. In fact, your wife is a legal stranger to the child.

It was also a mistake for your wife to butt in at all, even to defend you.
 
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mommyof4

Senior Member
my daughter is 1 yr 3 months old
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So, she's a 15 month old baby.

my wife is a way better mom than my ex ever was.
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Yeah, yeah...so you have repeatedly stated. However, I have to question how your wife is a better mother than your ex EVER was. The baby is only 15 months old. That's not like a 15 year history of maternal greatness or suckiness. Knock it off. You thought your ex was the perfect woman to be the mother of your child. There is no lemon law that allows you to return the mother because you don't like her.


my ex is trying to make my life as rough as possible for us.
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Gee, I wonder why? It doesn't seem like either of you are attempting to make her life a bed of roses. Grow up and tell your wife to take a huge step back, keep her mouth shut and stay the heck out of your legal issues.

How's that?
 
M

mistoffolees

Senior Member
mommyof4 said:
So, she's a 15 month old baby.

Yeah, yeah...so you have repeatedly stated. However, I have to question how your wife is a better mother than your ex EVER was. The baby is only 15 months old. That's not like a 15 year history of maternal greatness or suckiness. Knock it off. You thought your ex was the perfect woman to be the mother of your child. There is no lemon law that allows you to return the mother because you don't like her.

Gee, I wonder why? It doesn't seem like either of you are attempting to make her life a bed of roses. Grow up and tell your wife to take a huge step back, keep her mouth shut and stay the heck out of your legal issues.

How's that?
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Well said.
 
B

Bali Hai

Senior Member
mommyof4 said:
So, she's a 15 month old baby.



Yeah, yeah...so you have repeatedly stated. However, I have to question how your wife is a better mother than your ex EVER was. The baby is only 15 months old. That's not like a 15 year history of maternal greatness or suckiness. Knock it off. You thought your ex was the perfect woman to be the mother of your child. There is no lemon law that allows you to return the mother because you don't like her.

No, but there should be!!

Gee, I wonder why? It doesn't seem like either of you are attempting to make her life a bed of roses. Grow up and tell your wife to take a huge step back, keep her mouth shut and stay the heck out of your legal issues.

How's that?
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It is the ex-wife that should grow up and start acting like a human being. I know exactly what what OP is talking about because I lived it.

Your defense of the hair-brained ex-wife just because she is an ex-wife is understandable because you are probably an ex-wife.
 
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mommyof4

Senior Member
Bali Hai said:
It is the ex-wife that should grow up and start acting like a human being. I know exactly what what OP is talking about because I lived it.

Your defense of the hair-brained ex-wife just because she is an ex-wife is understandable because you are probably an ex-wife.
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No, I am not an ex-wife.

However, you ARE sexist and generally unpleasant. I have a feeling that your issues with women were WELL established before you ever divorced. Perhaps that's why you were 'screwed' in court. ;)
 
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