My husband and I are living in a rental home. I've asked him to leave but he won't; he basically says that he'll leave when he gets ready; in the meantime I'm in constant fear.

I don't qualify the standard Restraining Order against my husband because he hasn't hit me, attacked me or threatened me. However, he is verbally abusive and consistently harasses me at all hours of the day and night. He calls my cell phone, calls me at work and has caused me substanial emotional and mental distress. Can I qualify for a "Request for Oders to Stop Harassment".:confused:

Are you filing for divorce? Do you have a Divorce attorney? Have you spoken with the atty?

You can change the locks and move his stuff into a storage locker.

I have spoken with an attorney about a Divorce, unfortunately, it will cost $2,500 to retain the attorney. I need my husband out now before things escalate and get out of control. Any thoughts on the harassment order?

You need to talk to the attorney or someone in Family Court.

Okay, thanks.:(

Hello monicak:

Of course, there's always the option of YOU leaving. That way you don't need the cops to protect you, you don't need family court (divorce court is going to be enough), and you don't need a lawyer (right this very moment).

It's a shame that our system doesn't kick in UNTIL he hits you, but if you want to stop him from even lifting his hand, move.

excon

There is another note posted by monica in which she states her name alone is on the lease. That make it more difficult for her to be the one to move out.

I am resigned to the move out is not financially a option. I have $2500 of my own money tied up in the lease and not willing to just throw it away like that.

I've been the sole supporter of our household for years; he's worked off and on but now I'm not willing to lose another dime.

Divorce is the answer but that won't get him out today which is why I was asking about the harassment restraining order.

I agree with excon, some people really know how to work the system while the rest of us hardworking, loyal, supportive individuals get the shaft. I guess I'll have to spend some more hard earned money on a lawyer to get this buzzard out and the issue resolved.

Thanks for the responses.

Is there actually such a thing as a "Request for Orders to Stop Harassment?" I've never heard of it but if it exists it probably isn't worth the paper it's written on. Actually your best bet may be to press criminal charges of harassment against your husband. Besides that, all you can really do is move out yourself rather than trying to kick hm out, then call a good, crafty divorce lawyer.

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Originally Posted by monicak

My husband and I are living in a rental home. I've asked him to leave but he won't; he basically says that he'll leave when he gets ready; in the meantime I'm in constant fear.

I don't qualify the standard Restraining Order against my husband because he hasn't hit me, attacked me or threatened me. However, he is verbally abusive and consistently harasses me at all hours of the day and night. He calls my cell phone, calls me at work and has caused me substanial emotional and mental distress. Can I qualify for a "Request for Oders to Stop Harassment".:confused:

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In the state of California, you can get a restraining order, my boyfriend has one on this woman he dating with for 3 months who was harassing him. The judge gave him a 3 yr restraining order on her. It was all verbal abuse, she never put her hands on him but under the domestic violence restraining order, harassment is a form of domestic abuse.

If his name is not on the lease, you should be able to have the police make him leave because could be considered a visitor in YOUR home. Or you could do what ScottGem said previously, and put ALL of his stuff out and change the locks. If you do that, make sure you put everything out so he won't have a reason to contact you. Then you get a restraining order.

Quote:

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Originally Posted by monicak

My husband and I are living in a rental home. I've asked him to leave but he won't; he basically says that he'll leave when he gets ready; in the meantime I'm in constant fear.

I don't qualify the standard Restraining Order against my husband because he hasn't hit me, attacked me or threatened me. However, he is verbally abusive and consistently harasses me at all hours of the day and night. He calls my cell phone, calls me at work and has caused me substanial emotional and mental distress. Can I qualify for a "Request for Oders to Stop Harassment".:confused:

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I do know every time he calls, or does anything, you need to call police, ask their name badge # and tell them you want this documented... Ask for a case number. Every single time he does anything do this, get case numbers, then you can file a restraining order. A friend I know just did this two days ago... Good luck...