What to do if I need a restraining order but a child is involved?

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What to do if I need a restraining order but a child is involved?

My fiance and I are trying acquire a restraining order for her ex. He has been driving by our home and calling us almost non-stop during the early morning hours (1-3 am). We were told by a friend that since she has a child with her ex, it would be very difficult to get the restraining order. What must be done to stop this madness and get the restraining order?

Asked on September 10, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Obtaining a restraining order is not an easy task under any situation and I can see that it may be problematic when there is a child involved and visitation schedule.  There may have to be change on all fronts here in order to acquire the desired result.  I would start by consulting with an attorney about filing harassment charges.  You are going to have to prove it is him calling (sounds simple but maybe not).  You may be able to obtain a restraining order out of the proceeding.  Then you may have to tackle the issue of his visitation and how this reflects on his being a Father.  Good luck.


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