Can I put a restraining order on someone that is having an affair with my wife in order to try to save my marriage?

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Can I put a restraining order on someone that is having an affair with my wife in order to try to save my marriage?

Asked on March 7, 2011 under Family Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, regrettably you cannot do this. The courts do not enforce matters of the heart in that way; they will not force two adults (your wife and the other man) from seeing each other, though if you do divorce, the affair may be taken into consideration.

Restraining orders are available for risks or threats of physical harm, or to prevent harassment of a person. If the other man has threatened you or endangers your children (if any) or is harassing you (and "harassming you" does not mean having an affair with your wife; it means following, stalking, threatening, etc. etc.), then a restraining order  might issue. But unfortunately, not simply to stop an affair.


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