Legal Question in Family Law in California
The Conditional Restraining Order
My husband is a week-end/holiday/any day off from work alcoholic. Our lives have been pretty rough. I work 9 hours a day m-f and my 13 year old daughter is in middle school. My daughter loves her dad, but she doesn't like him at all. I have mixed feelings regarding him.
My question is, can I obtain a conditional restraining order? When he's drinking, he's not to be allowed around us. We walk on pins and needles when he's there. I can't go to sleep until 2-4:00 a.m., because we often wake to the sounds of the smoke detectors, where he has fallen asleep while cooking. I've waken up to find the house unsecured and he's no where to be found. Neither one of us me nor my daughter want to have company on the week-end, because of him. He's verbally abusive. I really would like for him to get help. On the days he work, he doesn't drink, he's a good provider, he's pretty quite and reserved, but on his day off.
1 Answer from Attorneys
Re: The Conditional Restraining Order
You probably need to decide if you want to stay married. See Family Code sections 6250 and following for emergency protective orders and what you must prove to get one. If your life or the life of your child is in danger as you say it is, how can you continue to live with this person even if it is only in danger two days out of seven?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
