Can I obtain a restraining order against a female friend of my husband who is obsessed with calling, texting and sending pictures to him?

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Can I obtain a restraining order against a female friend of my husband who is obsessed with calling, texting and sending pictures to him?

Would being marriedto him  give me the right to do so?

Asked on April 27, 2011 under Personal Injury, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You should  speak with an attorney (either personal injury, who  would do restraining orders generally; or a family law attorney, who knows how marriage affects different legal rights) for a definitive answer, but the short answer is that if the calls, texts, pictures, etc. are threatening or harassing, then it may be possible--though it may also be the case that if they only go directly to your husband, that he'd have to be the one to seek the restraining order. However, if they are simply unwelcome and are not harassing or threatening in some way, then probably not; the law does not prevent annoying and unwanted, but otherwise non-threatening, etc., contact. Being someone's spouse does not give you any right to control contact with your husband; again, the issue will be whether the communications rise to the level of being legally actionable, and also who receives them, and thus who is affected by them and therefore has the right to take action.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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