Ask a Lawyer: Restraining order for her boyfriend


My wife and I are in the process of a divorce. We have signed divorce, agreement and child custody papers and awaiting the final date. Wife is a pathological liar and cheated and is still dating a guy. The lies have now caused me to question the boyfriend’s ability to be allowed around my 6-year-old daughter. Wife claimed he attempted to rape her one night, that he threatened to commit suicide (was going thru his own divorce) and the times he called the house and I spoke to him he was drunk. My wife’s allegation of attempted rape was told to me and a mutual friend. She now claims it was a lie and that he no longer drinks and the suicide threat was a cry for help. I have asked during our separation that he be kept away from our daughter on the nights wife has her. Until recently this was met. Wife also is on anti-depressants and is prone to emotional outbursts. Is it possible to obtain a restraining order protecting my daughter from boyfriend based on the items I described? In our agreement I have kept custody of house as family residence, no alimony and agreed to daughter’s education, medical etc. These items are also being kept in mind in regards to restraining order until divorce is final. Please help a confused, caring dad.


I cannot answer your question specifically to the laws and statutes of Texas as I am not licensed in that State. Generally a restraining order is appropriate for a child only when the child is threatened. In the description, your Wife would have grounds for a retraining order, but many judges would not enter one on behalf of the child as she was not threatned, abused or neglected. I would suggest that you consider filing for a temporary order inside the divorce that sets forth restrictions on the boyfriend’s contact with the child. The result would be the same as a retraining order, but would likely take more time to obtain. You could consider requesting the appointment of a Guardian Ad Litem to protect the interest of your child.
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