Legal Question in Criminal Law in New Jersey
I have been married for 32 years. My husband is an alcoholic. . He starts when he comes home from work on Friday night, passes out wakes up and then starts all over again until Sunday night. He is not physically abusive but is very mentally abusive. Can I get a restraining order against him and have him taken out of the house when he gets this way, or does he need to be physically abusive? I am on Social Security disability because of a cancer diagnosis and cannot afford to just leave the house and get my own place.
2 Answers from Attorneys
The answer depends on what he is doing and saying. I would suggest that you speak to an attorney about this, and get some help.
Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the formation that I need to advise you, I only have the very small amount of information that you put into your question.
If you want the police to permanently remove your husband from your house, and not just for the weekends, you can file for a restraining order on the possible grounds of harassment, depending upon what you mean by his mentally abusing you. Understand that this will possibly result in a final restraining order being issued which means that your husband could not have any contact with you, ever, unless it was in a supervised setting like a courtroom or police station. If this is what you want to do then you have to apply for a temporary restraining order at your local police station and then the police need to investigate your claim and determine if there is actual probable cause for issuing the temporary restraining order.
Sincerely yours, -Ronald Aronds, Esq.-
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