Q: Do a wife have the right to call a restraining order against husband for sleeping in marital bed with her?
I have filed for divorce and both names are on lease of rental. But i been sleeping on the couch and i can only sleep in bed if she is at work but if she is sleeping i cant come to the bed. Now we not doing intimacy or even touching but she feels at this point we r separated and i am invading her personal space and causing mental anguish and call the cops because i am harassing her by sleeping. There is no infidelity or abuse present.
A: This is a delicate situation. If she doesn't want you in the bed with her, you may want to avoid conflict and take the couch. Although the bed is a community property asset, your wife could make up an allegation and possibly obtain a restraining order. Although there is a possibility of a restraining order, it probably is not the strongest request for a restraining order. Consult with a local family law attorney for more guidance. Getting to trial can help with issues, such as selling the house.
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