Legal Question in Family Law in New Jersey

Restraining order

Can a spouse obtain a restraining order on a husband for mental stress? Can she refuse to let the husband live in the house?


Asked on 1/12/07, 2:54 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Restraining order

"mental stress" is not a crime so thus, it is not a predicate act for a TRO. However, acts that give a person "mental stress" might constitute a crime. One spouse cannot restrict another from the house since they both have equal right to it. Now if a court grants a TRO and/or FRO then it is the court preventing one spouse from the home.

I suggest meeting with an attorney to discuss your issues. My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 1/12/07, 4:23 pm
Gary Moore Gary Moore Attorney At Law

Re: Restraining order

Harassment is one of the enumerated acts of domestic violence. If with a purpose to cause you distress your spouse engages in repeated conduct

designed and with the purpose to cause you distress you may be able to file a domestic violence complaint. Marital stupidity is not always domestic violence. You might give me a call for more reliable advice

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/12/07, 4:47 pm


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