Legal Question in Family Law in California
Temporary Spousal Support and Domestic Violence Restraining Order
I have been married for 7 years. Several months ago my husband moved out of our house without notice while I was out during the day. I discovered he had been having an affair ''cheating'' for at least a year prior to this. Anyway I went a little crazy throwing thing around after he left. He now 2 months later filed a domestic violence restraining order against me and ordered my to leave my house. My questions is can I ask for temp spousal support from him when I file my response answer the the temp restraining order. He is my sole financail support and has left me looking like an abuser and totally broke. I never harmed, threatened him or destroyed any of his property. No divorce papers have been filed and I don't want a divorce. Just money to live.
1 Answer from Attorneys
Re: Temporary Spousal Support and Domestic Violence Restraining Order
Yes, you should be entitled to support. You will need to file your own Order to Show Cause for Support, and because he got a restraining order against you, he is totally responsible for the mortgage; yet you get to benefit from his paydown.
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