Legal Question in Family Law in California
Threat of violence by husband
I have filed for divorce and my husband has been served and since responded. We are doing divorce mediation and still living under the same roof. My husband has agreed that I will get physical custody of our minor child and the legal form in that regard has already been filed by our lawyer. My husband made what I perceived to be a verbal threat toward me a couple of nights ago. It is not the first time he's threatened me. I would like to know:
1) Can I file a restraining order based on verbal threat? If so, within what timeframe do I have to file?
2) If I stay with a relative for a while am I abandoning my minor child? (I don't think that my husband will harm our minor child.)
Thanks.
3 Answers from Attorneys
Re: Threat of violence by husband
Yes you can get a restraning order based upon a verbal threat. It will take you away from the mediator and into a litigated case. Good Luck, Pat McCrary
Re: Threat of violence by husband
At this point there would be a conflict of interest to be represented by the same attorney. I would suggest that you get a "Kick out" order and let your volitile husband worry about a place to live. This will establish you in the residence and as primary caretaker of the child. This order may be issued in family court under the current case number it is not a TRO. Contact me directly 19 years experience.
Re: Threat of violence by husband
Why would you even consider leaving a child with a person that you are afraid to be with? Moving out of the home and leaving your child in the home would weaken any request for a restraining order.
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