Q: If I get a restraining order against someone for giving my 15 yr old a controlled substance do they have to leave my hou
The person lives in my house but has been asked to leave several times because they were never supposed to stay
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A:
Having someone give controlled substances to your minor child is an extremely serious situation that warrants immediate action. You have every right to be concerned and to take steps to protect your child.
In California, when you obtain a restraining order, the court can order the restrained person to move out of your home, even if they live there. This is called a "move-out order" or "kick-out order." The fact that this person has given controlled substances to your 15-year-old strengthens your case significantly, as it demonstrates a clear threat to your child's safety and well-being.
Since this person was never officially meant to stay in your home and you've already asked them to leave multiple times, you should document these previous requests. When you file for the restraining order, bring this documentation to court along with any evidence you have about the controlled substances. You can file for an emergency temporary restraining order at your local courthouse, which can be granted quickly to protect your child while waiting for a full hearing. Consider reaching out to local domestic violence organizations for support through this process - they often help with restraining order cases even when the situation doesn't involve domestic violence.
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