Can my wife put a restraining order against me for verbal abuse?

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Can my wife put a restraining order against me for verbal abuse?

Me and my wife live together, our house is our conjugal property. I’m not employed right now and its causing us to argue a lot. I was able to raise my voice because even my daughter is siding with her mom, they sent a police to arrest me but he wasn’t successful because I’m not doing anything. I think that I need a lawyer because if they get a 100 ft restraining order I have no where else to go.

Asked on October 3, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that you may need an attorney as well.  Your spouse can file for a temporary restraining order against you, although there will be a hearing and if the matter golds up in court is another story.  generally the threshold is very high and she would really have to play up that she is in fear of you and for her safety and the safety of your daughter in order to have the court issue such an order.  But I have t tell you it is not a far fetched idea or possibility in this day and age.  So I would indeed consult with some one on the matter just in case.  Good luck.


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