Can I keep my ex-husband’s friend away from my children?

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Can I keep my ex-husband’s friend away from my children?

I was assaulted by my ex-husband’s girlfriend’s friend and sister. At the time of the assault, my 3 year old son was in my arms. She then tackled me to the ground leaving my son unattended in a busy parking lot next to a very busy road. The sister got my 5 year old son and brought him outside of the restaurant to see the fight. I have eye witnesses that saw the assault from start to finish. What are my rights? Can I keep them away from my children?

Asked on February 25, 2011 under Family Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may be able to keep them away if you get a protective order against them; there is no other mechanism, however. You should consult with an attorney, such a family lawyer, about what is invovled, the cost, what sort of an order you could get, etc. If you injured in the assult, you may also be able to sue the ex-husband's girlfriend for your damages--e.g. for medical costs, for lost wages, for pain and suffering--including possibly for emotional injury to one or both children.

Another option may be to report these women to the police, for assault and also for endangering a child, which may put them in jail at least for a short time; it will also help create an official record of their wrongdoing. There are therefore several options which you should discuss with an attorney.


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