Michael Lohan Banging Kate Again No Restraining Order Needed, Your Honor

12/11/2015 1:30 PM PST

Michael Lohan: Banging Kate Major Again ... No Restraining Order Needed

EXCLUSIVE

Michael Lohan wants to be able to hookup with his estranged wife without fear of getting arrested -- no easy task when you're married to Kate Major, but he's asking a judge nonetheless.

TMZ obtained docs Lohan filed asking the court to lift a restraining order Kate got against him last month when she feared for her safety. Sources connected to the troubled couple tell us Kate's been calling and texting him ever since her drunken arrest on a Jet Blue flight ... even during her rehab stint.

We're told they've even hooked up a couple times at a hotel where Lohan is staying. Obviously, Michael is worried he could get arrested for the contact with Kate ... as long as the restraining order is in effect.

While Michael's been in a hotel, she's living in a condo ... according to our sources. Their 2 kids are living with Kate's mom.