How do I go about filing a restaining order against my husband?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I go about filing a restaining order against my husband?

My husband and I have been married almost 2 years. He lives in my house, where I have lived for 15 years, and his name is not on the mortgage. He has a very bad anger problem and we’ve had some huge fights in the past, which have become violent. My 18 year-old daughter lives with us. She works and goes to school full time and in the past year really has come to dislike him. He treats our dogs bad at times and can become abusive with them. I was told by my local police department that I cannot kick him out since we are married and he lives there. Can I get a restraining order so he has to leave?

Asked on September 29, 2010 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yes, you can should be able to obtain a restraining order in such a situation. If you have been abused by a spouse (or other person with whom you have a close personal relationship). "Abuse" means to hit, kick, hurt, scare, throw things, pull hair, push, follow, harass, sexually assault, or threaten to do any of these things. Abuse can be spoken, written, or physical.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption