Can You Get a Harassment Order Over Statements Made in a Custody Case

[mjbergquist]

My question involves restraining orders in the State of Minnesota: My boyfriends x-wife has filed a motion for full legal custody under nothing based on opinions. In the 8 page motion, I am spoken about 75% of the time of false allegations for abuse, moving in too soon, treating the younger child differently than the teenagers, and just living at his home. Mind you I have been with these kids for 5 years and nothing has been brought to my attention, no cps called, no police records, nothing until one day the kids decided they wanted to live with their Mom. Do I have a chance for an order of protection since her allegations can defame my name and possibly lose my job?

[PayrolGuy]

Not a good chance. In fact, a protective order against him would actually help the ex's case.

[flyingron]

This is not what order of protections are for. As long as she is directing her statements to the court it's going to be hard to stop it (until the court itself gets tired of whatever shenanigans are going on). Court filings are not defamation or harassment. If she is communicating her misstatements about you to others, then that might be actionable.

[just blue]

My question involves restraining orders in the State of Minnesota: My boyfriends x-wife has filed a motion for full legal custody under nothing based on opinions. In the 8 page motion, I am spoken about 75% of the time of false allegations for abuse, moving in too soon, treating the younger child differently than the teenagers, and just living at his home. Mind you I have been with these kids for 5 years and nothing has been brought to my attention, no cps called, no police records, nothing until one day the kids decided they wanted to live with their Mom. Do I have a chance for an order of protection since her allegations can defame my name and possibly lose my job?

What type of job do you have that statements in a family court case could cause you to lose it? How would your employer even know what was being alleged?

[pg1067]

Do I have a chance for an order of protection since her allegations can defame my name and possibly lose my job?

An order of protection against what? Someone says false things about you in a custody battle (something that happens all the time) and you want to get a protective order? Doesn't make much sense. That said, no one here can intelligently tell you that there is NO chance, so the answer to your question is necessarily yes. A good chance? Absolutely not.