can i get a restraining order against my husbands girlfriend?

[helens16957]

What is the name of your state (only U.S. law)? ohio. i want something to keep her away from my kids even when they are visiting theyre dad.

 

[Zigner]

Is she a danger to the kids?

 

[helens16957]

weve only been seperated for 2 weeks.

i dont know if she is going to hurt them but i still dont want her around them. this is a hard enough time for the kids they dont need some chick in theyre face. ive heard a lot of things about her like shes had a few std's that she sleeps with a lot of people and she said to me that she didn't care about the kids and if it affects them or not. can i get a restraining order against her?

 

[Zigner]

i dont know if she is going to hurt them but i still dont want her around them. this is a hard enough time for the kids they dont need some chick in theyre face. ive heard a lot of things about her like shes had a few std's that she sleeps with a lot of people and she said to me that she didn't care about the kids and if it affects them or not. can i get a restraining order against her?

No - you not liking the new fling is not enough to get a restraining order.

 

[Proserpina]

i dont know if she is going to hurt them but i still dont want her around them. this is a hard enough time for the kids they dont need some chick in theyre face. ive heard a lot of things about her like shes had a few std's that she sleeps with a lot of people and she said to me that she didn't care about the kids and if it affects them or not. can i get a restraining order against her?

While you won't get a restraining order, if you insist on contributing in this manner to the evidently wonderful co-parenting relationship, you can request that a no paramour clause be added to temporary orders which will last for the duration of the divorce.

Of course that would also apply to you.

 

[LdiJ]

i dont know if she is going to hurt them but i still dont want her around them. this is a hard enough time for the kids they dont need some chick in theyre face. ive heard a lot of things about her like shes had a few std's that she sleeps with a lot of people and she said to me that she didn't care about the kids and if it affects them or not. can i get a restraining order against her?

You stated that you separated only 2 weeks ago. Are you married to their father? If so, you may be able, through your divorce filing, to get an order that she may not be around the children pending the divorce, but once the divorce is final unless she can be proven, with hard evidence, to be a danger to the children, you won't be able to keep her away from them.

I agree, that parents separating is already hard on children. Bringing them around a new significant other this soon in the process is even harder on them. However, its the judge that will control what happens, not you.

However, if you were never married to their father, you are sol on keeping her away at all, without hard evidence of danger/harm to the children.

 

[ecmst12]

I don't think OP could have a husband if she wasn't married.

 

[helens16957]

Yes

I am married to theyre dad. We havent filed for seperation. i just kicked him out of the house bc i dont want him drinking beer like he does and he smokes weed. we havent filed for divorce ethier. he hasnt said if he wanted to or not and i dont have the money to file for it right now. im just trying to look out for my kids.

 

[Proserpina]

I am married to theyre dad. We havent filed for seperation. i just kicked him out of the house bc i dont want him drinking beer like he does and he smokes weed. we havent filed for divorce ethier. he hasnt said if he wanted to or not and i dont have the money to file for it right now. im just trying to look out for my kids.

Doesn't really change the answers

 

[ecmst12]

Except that it was not legal for you to kick him out of the marital home.

 

[helens16957]

not our house

he wouldnt work and im trying to go to school and i have a job and any money i make he spends and he wouldnt watch the kids even though he was sitting at home. weve been staying at my dads house since last year.

 

[Proserpina]

he wouldnt work and im trying to go to school and i have a job and any money i make he spends and he wouldnt watch the kids even though he was sitting at home. weve been staying at my dads house since last year.

It still wasn't legal for you to kick him out.

Helen, please read through some other threads here (particularly those for your state). Divorce can be messy, and you need to know what to expect, and what you should and shouldn't do.

He could be the biggest, laziest most abusive jerk that's ever walked the planet, but that was still not the right way to do things.

 

[Tayla]

Does the fact that it was the Father In Laws house that the Husband was kicked out of have any bearing for the legality? Maybe the IN LAW chose to ask him to leave. Short of them being maybe being rental tenants , The In Law may well be within rights to have a peaceful home minus the drinking/illegal pot smoking. We dont know how long the OP's family was residing there or if they were just visiting til circumstances changed financially...

To the OP- Seek legal advisal thru your local city/county.

 

[Proserpina]

Does the fact that it was the Father In Laws house that the Husband was kicked out of have any bearing for the legality? Maybe the IN LAW chose to ask him to leave. Short of them being maybe being rental tenants , The In Law may well be within rights to have a peaceful home minus the drinking/illegal pot smoking. We dont know how long the OP's family was residing there or if they were just visiting til circumstances changed financially...

To the OP- Seek legal advisal thru your local city/county.

Did you miss this?

weve been staying at my dads house since last year.

Even if "last year" meant they moved in on Dec 31, they're now legally tenants per their state law regardless of whether or not they pay rent.

Either and/or both need to be evicted per state law.

 

[Tayla]

Thanks Proserpina! Just trying to gain perspective if it had bearing. You cleared that up.