How doI get a restraining order?

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How doI get a restraining order?

I am 45, my husband is 53. He has a bad temper. 3 weeks ago I asked him to leave for 30 days (after that I would evaluate whether he could come back or not). I asked him to go because he destroyed property (a TV). Since he left he has threatened suicide 2 times. I took away his guns and knives. He is staying with a friend and drinking again. I have 2 kids, 15 and 19 – not his. I don’t believe that he’s changed and I am worried he will do something hurtful to me or my daughter. We are in debt $40k. It is all in his name. He claims that I will have to pay 1/2. I can’t afford it.

Asked on September 4, 2010 under Criminal Law, California

Answers:

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

Answered 11 years ago | Contributor

First of all, if the debt was incurred during marriage it will be considered to be a community debt and therefore you will bear responsibility for it since CA is a community property state.  Without more details it's hard to say more. 

However far more importantly is your safety.  If you truly think that your husband posses a risk to you, you should seek legal protection.  Here is a link to a site that will explain your rights and remedies: http://www.courtinfo.ca.gov/selfhelp/protection/dv/restraining.htm

Best of luck.


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