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Sara Evans' Restraining Order: Husband Used Anderson Cooper vs. Her

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By Cynthia Hsu, Esq. on October 05, 2011 12:01 PM

Country music star Sara Evans' restraining order against her ex-husband Craig Schelske is not your typical restraining order.

Evans' restraining order doesn't forbid her ex from coming near her. Instead, it forbids him from doing one thing: it blocks him from making public statements about their divorce proceedings.

Evans obtained the court order after Schelske appeared on Anderson Cooper's new TV show on September 20. Schelske discussed his recent divorce on air. He said he lost custody of his children because Evans lied and accused him of being obsessed with porn. He also said she claimed that he was an adulterer.

Was this an innocent expression of opinion, protected by the First Amendment? Or was it more like a vindictive ex who carelessly chose words that ended up hurting his own kids?

Evans thought it was the latter. In getting the protective order, she said that Schelske harmed their children by his thoughtless on-air comments.

Badmouthing an ex is something that parents should try to avoid, especially in front of their kids. Schelske wasn't insulting Evans directly in front of his kids, but he was doing so on television in front of millions.

And it's not like Schelske should have been talking about the divorce proceedings in the first place. When the couple first divorced they signed a confidentiality agreement prohibiting each other from openly speaking about their split.

Confidentiality agreements are popular amongst divorcing celebs. Do they violate a person's free speech rights? Courts have weighed in on this issue, declaring that these types of agreements are valid so long as the individual voluntarily and intelligently waive their right.

So while Craig Schelske may cry foul over Sara Evans' restraining order, he probably won't get the decision overturned.

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