Q: Can I get a restraining order for my ex if he verbally harrasses me and through texts? Also doesn't help financially
A: Domestic violence comes in all shapes and sizes. Persistent harassing phone calls, text message and emails can form the basis for a request for a restraining order - depending on the circumstances unique to your case. His failure to help out financially however, is not something you can "restrain". However, you can get support orders if your "ex" happens to be your ex - wife or husband or domestic partner.
A: Would need more information about the situation.... such as what does he text and say? Does he threaten you at all? Is he texting or calling you every day, early mornings, late nights? Is he an ex spouse and you are going through a divorce or is he an ex boyfriend of short duration? Long duration? Does he have a history of violence? Are you afraid of him or does he just annoy you? Does he try to control any part of your life? Do you have children together? Have you told him to stop contacting you under no uncertain terms? Have you told him if he does not stop contacting you that he will force you to seek a protective order to restore peace in your life? If you file a restraining order is he likely to deny that he has been harassing you? If so, you should start thinking about having some else around when he is harassing so that the other person could be a witness to his harassment. Printout the texts that are harassing and plan on attaching them to a declaration in support of your application for a restraining order. I do not know enough about your situation to be able to assess whether he has any legal obligation to help you financially. It really boils down to whether you were married, how long you were married, whether you are employed or not.... whether he is employed or not, whether you can establish your need for the support and prove he has the ability to pay the support. I would recommend that you contact an attorney in your county of residence, who provides free initial consultations to discuss your situation in greater detail which should yield more specific legal advice and information tailored to you and your specific rights and needs. Best of Luck.
A:
Under California law, obtaining a restraining order due to verbal harassment and issues related to financial support can be complex. It's important to understand that restraining orders are primarily designed to protect individuals from physical harm or credible threats of violence.
However, if the verbal harassment includes threats of violence or is particularly severe, causing you fear or emotional distress, it may be possible to obtain a restraining order. In cases of non-physical abuse, such as severe emotional or psychological abuse, a restraining order might still be an option.
Regarding financial support, this issue is generally not addressed through a restraining order. Financial support, especially if it involves child or spousal support, is typically handled separately through family court proceedings.
If you believe your situation warrants legal action, it is advisable to gather evidence of the harassment, such as text messages, emails, or voicemails. This evidence can be critical in demonstrating the need for a restraining order.
It may also be beneficial to consult with a lawyer who can provide guidance specific to your situation and help navigate the legal process. They can assist in filing the necessary paperwork and represent your interests in court.
Remember, each situation is unique, and the legal system can be complex, so getting personalized legal advice is crucial for the best outcome.
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