Can I put a restraining order on and sue the man my wife is currently committing adultery with?

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Can I put a restraining order on and sue the man my wife is currently committing adultery with?

I want to know considering my active duty status in the United States Marine Corps stationed in NC, if I were to go home on leave to the residence of my family where my wife and children live, is there any way that she could make me leave? Also if I were to stop by unannounced and this other man was there what are my rights as a husband and a father?

Asked on June 24, 2011 under Family Law, Ohio

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 10 years ago | Contributor

You can go to the marital residence and live there. She can get a court order to make you leave. You cannot put a restraining order on the man with whom your wife is currently having an affair unless you can prove he is a direct danger to the children and then you can file to them protected. What do you hope to accomplish? You can file for divorce, custody and a no paramour order to be put in place for the duration of the divorce. You can file in Ohio.


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