Ask Me Help Desk - Biological father not on birth certificate.

Quote:

Originally Posted by christinades

What did the lawyer lie about? I'm getting a restraining order in place for my husband and I so he can't contact my lawyer and he can't come near us when we go back to visit our family in CT through the holidays. He's definitely a threat to me and my husbands marriage and he's threatened my husband many times with his life. The lawyer at JAG told me to file for sole and physical custody, child support and a restraining order.

You cannot get an order keeping your "ex" from contacting your Attorney. Your husband cannot get an order keeping your "ex" from contacting your husband's Attorney. That Attorney can file a charge of harassment - but I see no grounds for a restraining order. You are not a party to the "ex" and Attorney communication.

He's a threat to your marriage? That doesn't qualify, either. He's a threat to your person? He's a threat to your husband's person? Then file - but "Califdad" brings up a good point. You have to file in the State that has jurisdiction.

To sum it up - you cannot get a restraining order on someone else's behalf. Your husband needs/wants an order? He has to get it. You can't. Who advised you to the contrary?

He has a right to defend his self in court action and can not be barred from being in court where a case involves him.

If there is a real proven danger ( don't see anything even close to even warrant a restraining order) he may have restrictions on him in court.

Also you can file for one, maybe even get a temp order but your ex has a right to a hearing on the restraining order where you will have to prove the need for one.

@judykaytee- when I said "my husbands attorney" I meant SGT. I know I can't get a restraining order against him for somebody else?

And the attorny told me to file here in ny, I can do it in ct but its much easier doing it here so I don't have to drive back and forth to ct with my son. How could they reject it if I'm filing for sole and physical custody and child support within the state that I live in?

What I mentioned to my attorney about his abusive background he said I can file for a restraining order and my question was if I had the restraining order against him does it ban him from going to the court hearing, physically. Im just getting information so I know what to expect and any question that pops into my head that I didn't ask JAG I'm asking on here. I understand that I can't get a restraining order against him for my husband. Im having my husband file. I feel like I'm just getting the wrong information, this site tells me one thing and JAG told me another.

Quote:

Originally Posted by christinades

@judykaytee- when i said "my husbands attorney" i meant SGT. I know i can't get a restraining order against him for somebody else?

And the attorny told me to file here in ny, i can do it in ct but its much easier doing it here so i dont have to drive back and forth to ct with my son. How could they reject it if im filing for sole and physical custody and child support within the state that i live in?

What i mentioned to my attorney about his abusive background he said i can file for a restraining order and my question was if i had the restraining order against him does it ban him from going to the court hearing, physically. Im just getting information so i know what to expect and any question that pops into my head that i didnt ask JAG im asking on here. I understand that i can't get a restraining order against him for my husband. Im having my husband file. I feel like im just getting the wrong information, this site tells me one thing and JAG told me another.

Call the jag tomorrow and ask him what State is your legal residence?

If he says NY then file away. If he says CT then just know that all your doing now is just a temporary ploy to get the child away from his father.

You will still be stuck with filing in CT if that is the State designated as your legal residence.