Ex and new GF fight in front of my child

[rockmom]

My ex and his new live-in GF fight A LOT in front of my child(child tells me this and that it scares him). He also said she kicked him and father out of car on the side of the road once during a fight and they had to walk home. The GF has also caused a scene at his school in front of parents/kids and called me a name. I know they constantly bad mouth me and talk about matters in front of child. Can I file anything(order of protection, etc) to not allow HER near my child?

[Waylon]

I know this isn't what you'll want to hear, but in cases like this the answer is generally, "no".

To file an order of protection you'll normally need to show that the child is imminent harm from the GF, above and beyond ordinary fighting or causing scenes. You may be able to get a judge to scold them about the bad mouthing and trash-talking but it's going to be tough to prove, difficult to enforce, and expensive to adjudicate.

I wish I could give you an enthusiastic "yes!" answer, but ask almost anyone who knows and you'll find that the courts are notoriously unresponsive to this kind of stuff.

[Kitty C.]

The dropping off on the side of the road 'might' be an issue the court might address.  It depends on time of year (blistering hot or freezing cold?), distance (a few blocks or miles?), and location (city street or freeway?). And if the BF had absolutely no means to be able to call someone to come get them.  If the circumstances are right, it might be viewed as putting the child in danger.  Yes, the father was there, but he would have a difficult time shielding the child from adverse weather conditions, carry the child for a long distance, or shielding the child from traffic (if he would have gotten hit by a vehicle, the child would have, too).

[ocean]

If GF causes any more scenes at school, file a police report and then you may be able to get a restraining from her (to you) and possible child. You may be able to include a sentence in the restraining order that "GF will not go to xx school" (hoping this GF does not have children at same school).

Could also put this in writing to ex stating child told me she had to get out of car with you and walk because xx was mad. This is not appropriate for child to witness. If anymore episodes happen with GF, I will be forced to go back to court. GF behavior at the school on xx was also uncalled for and if she makes any negative remarks and causes a scene again, I will file harassment charges against her. I would love for us to get along and co-parent so xx sees healthy relationships. Please talk to GF about her behavior in front of xx while she with you for your parenting time."

Good luck!