How do I go about filing a restaining order against my husband?

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How do I go about filing a restaining order against my husband?

My husband and I have been married almost 2 years. He lives in my house, where I have lived for 15 years, and his name is not on the mortgage. He has a very bad anger problem and we’ve had some huge fights in the past, which have become violent. My 18 year-old daughter lives with us. She works and goes to school full time and in the past year really has come to dislike him. He treats our dogs bad at times and can become abusive with them. I was told by my local police department that I cannot kick him out since we are married and he lives there. Can I get a restraining order so he has to leave?

Asked on September 29, 2010 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Yes, you can should be able to obtain a restraining order in such a situation. If you have been abused by a spouse (or other person with whom you have a close personal relationship). "Abuse" means to hit, kick, hurt, scare, throw things, pull hair, push, follow, harass, sexually assault, or threaten to do any of these things. Abuse can be spoken, written, or physical.


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