Saint Augustine, FL asked in Family Law for Florida

Q: Can a mother get a restraining order on someone she doesn’t want around her child during the fathers visitation

My ex-girlfriend sent a message to my baby mom while we were arguing. She unsent the message and apologized, and hasn’t contacted her since. Can my baby mom get a restraining order on her still? Will my ex have grounds to fight the order if she’s sought mental health help/ has not continued contact ?

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1 Lawyer Answer
Rand Scott Lieber
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  • Hollywood, FL
  • Licensed in Florida

A: Your question raises two separate issues. Regarding a restraining order (injunction), the person seeking the injunction would have to show fear of imminent danger or harm. If the matter were to go to hearing, the respondent (person who the injunction is against) would have the opportunity to defend/ explain themselves.

The second issue is in family court. Presumably you and mom have a parenting plan. The family court will look at "the best interests of the child." Mom could file a motion saying that it is detrimental for the child to be around your girlfriend. Mom would have to prove this and you would have the opportunity to defend.

These can be complex issues so speak with a local family lawyer for more specific advice.

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