Can my girlfriend’s husband get an order of protection on me?

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Can my girlfriend’s husband get an order of protection on me?

She recently moved out of the house with their 2 children. They are in a custody battle divorce and she currently is requesting temporary custody and so is he. They live with us now and he has visitation. I helped her by taking the kids to the car when she didn’t want to see him. Now is is accusing me of being aggressive toward him even though I did absolutely nothing. He said he has talked to his attorney and is seeking a restraining order. Can he get one?

Asked on December 22, 2011 under Family Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally, if you have threatened him, he may be able to get an order of protection. Practically, it may come down to what he can prove. If he seeks an order, you will an opportunity to contest it, either attacking his testimony or evidence and/or presenting you own. (For example: say he says you confronted him in a parking lot on 12/2/11. If you can provide evidence you were out of town that day, that clearly undercuts his case.) The issue then will likely come down to what he alleges and also what he can reasonably prove.


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