Can someone walk me through this - restraining order against ex wife's new boyfriend

[Anonymous]

This is currently happening to my sister. She lives with her new boyfriend who watches her 4 kids during the week while she's at work. Her ex is filing a restraining order against the boyfriend to stay away from the kids. My sister won't tell me much...

What typically happens at court hearings for this? Does plaintiff have to provide evidence why boyfriend is unfit to be around the kids? Is it all decided at one hearing?

[Anonymous]

The most likely way for children to be molested is by mom's live in boyfriend.

[Anonymous]

Your sister is being very irresponsible.

Can your family step in so this strange man does not have access to these kids?

Reach out to her ex husband and help in any way you can.

No guy wants to babysit his new girlfriend's kids, especially not 4 of them. I would be VERY concerned about his true intentions.

[Anonymous]

If they give him a restraining order your sister needs to find a new babysitter or give up her children to their father.

She can only see him when she is not with her children. (Not sure why she would see him if they grant a restraining order.)

[Anonymous]

Anonymous wrote:If they give him a restraining order your sister needs to find a new babysitter or give up her children to their father.

She can only see him when she is not with her children. (Not sure why she would see him if they grant a restraining order.)

This.

[Anonymous]

I dont usually jump straight to OMFG NO!, but this is one of those times it’s warranted. Sis will be lucky to retain custody.

[Anonymous]

There will be a hearing. The ex/plaintiff will present their evidence, the boyfriend will have the chance to present his evidence. There are often two stages: a temporary restraining order and a permanent restraining order. It is usually easier to get a TRO, and then there will be a hearing on the permanent order.

[Anonymous]

Op here. My sister's ex husband is a complete asshole so it's hard to determine if he is just trying to be an ass here and make life hard for my sister or if he has a legit reason for a restraining order.

I should also clarify all of my sisters kids are in school so the boyfriend just watches them after school. It's not like he is full time babysitting 4 young babies everyday.

Does anyone know what happens at a hearing like this? Will her ex need to present evidence? Will judge decide yes or no on rrstrianing order at this hearing?

[Anonymous]

Anonymous wrote:Op here. My sister's ex husband is a complete asshole so it's hard to determine if he is just trying to be an ass here and make life hard for my sister or if he has a legit reason for a restraining order.

I should also clarify all of my sisters kids are in school so the boyfriend just watches them after school. It's not like he is full time babysitting 4 young babies everyday.

Does anyone know what happens at a hearing like this? Will her ex need to present evidence? Will judge decide yes or no on rrstrianing order at this hearing?

It depends on what his allegations are and what evidence is offered, but if the boyfriend is a normal person with no priors and it looks like a jealous dad situation, the judge probably won't grant a restraining order. However, you don't give us any details about the boyfriend with which to judge (my boyfriend watches my son sometimes and its nbd), so I have no idea what will happen.

[Anonymous]

Anonymous wrote:Op here. My sister's ex husband is a complete asshole so it's hard to determine if he is just trying to be an ass here and make life hard for my sister or if he has a legit reason for a restraining order.

I should also clarify all of my sisters kids are in school so the boyfriend just watches them after school. It's not like he is full time babysitting 4 young babies everyday.

Does anyone know what happens at a hearing like this? Will her ex need to present evidence? Will judge decide yes or no on rrstrianing order at this hearing?

Why are you so invested when your sister doesn't want to discuss it with you? Do you have concerns or just feeling nosy?

[Anonymous]

OP here responding to the poster above. Concerned for my sister's mental health if she has her kids taken away because she's been through a very hard divorce and hard year... Also concerned for the well being of my nieces and nephews. Maybe it's none of my business but geez, I love my sister and nieces/nephews and care about their lives and what happens to them? Is that so bad?

[Anonymous]

It could very much be a power grab because her ex is an asshole. You need evidence to support why you need a RO, unless he has one, I highly doubt he'll be given it. -

[Anonymous]

Have you met the boyfriend?

[Anonymous]

It depends on the jurisdiction, but usually there are two stages - first a hearing for a temporary protective order. The standard of proof is pretty low. Her ex will need to explain why he thinks he needs the protective order, but it doesn't have to be beyond a reasonable doubt or anything. His evidence at that stage can consist of his testimony regarding things his kids have told him.

If a temporary order is granted, a hearing on a permanent order will be set for about a week later. That has a higher burden of proof

[Anonymous]

Op here. Have not met the boyfriend, they live out of state.

From what I know the boyfriend smokes pot recreationally. And he has been late a few times picking up my sisters youngest from preschool, late enough to the point where they had to call her and the ex husband wondering if someone would pick him up.

I think these are the basis for ex husband filing the r.o. Which I wonder is enough for a judge. There could also likely be more that my sister has not told me about.

I guess we will find out, the hearing is Wednesday.