Legal Question in Family Law in California
Criteria for Restraining Orders
My husband has a bad temper and has recently become violent. Can I get a restraining against him for ONE semi-minor (no blood was involved, no police called) incident? My goal is to have him removed from our jointly owned home until I can divorce or legally separate from him.
4 Answers from Attorneys
Re: Criteria for Restraining Orders
There does not have to be bleeding for the police and the court to take the incident as a serious matter. Verbal abuse can be sufficient for the court to issue a restraining order.
It appears from your statement that his conduct is becoming more violent. It is not cnecessary to wait for him to inflict a serious physical injury before a restraining order can be issued.
You should discuss your situation in detail with an attorney or domestic abuse counselor immediately.
Re: Criteria for Restraining Orders
It would probably depend on the county/judge whether you have enough for a restraining order/kick-out order, and whether this can be done on Ex Parte (without notice to him) basis. It also depends on the incident involved. If you are in the Bay Area, you are welcome to call me.
to discuss the matter.
Adam N. Gurley
415.334.8439
Re: Criteria for Restraining Orders
Please take this matter seriously as it could escalate. Yes you can get a restraining order. Contact an attorney ASAP.
Fakhimi & Associates
(877) 529-4545
Re: Criteria for Restraining Orders
You can get a "kick out" ORDER within 30 days of the date of violence or threat of violence. Please call me directly at (619) 222-3504.
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