QUESTION
Am I able to get a restraining order against my stepdaughter from my home?
Asked on May 01st, 2012 on Criminal Law - California
More details to this question:
Am i able to file a restraining order against my 32 yr old stepdaughter from my home without my wife\\\\'s consent.My stepdaughter suffer's from many mental problems (bi-polar) she is 32yrs old and shows much hatred towards me without probable cause. I am not trying to stop my wife from seeing her daughter, just do not want to be subjected to my stepdaughter's outburst's and rampages that have in past turned into pyhsical altercations. I just want to know do i have the right to refuse my wife daughter to come to my home with a restraining order.She also has a past indictments against her for violence, attacking people, and sent to anger management by the judge in other cases not with me.
6 ANSWERS
Criminal Defense Attorney serving Newport Beach, CA
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Law Offices of Anthony Sessa
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Yes.
Answered on May 30th, 2013 at 1:05 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes but you are going to trade in a pissed off step daughter for a pissed off wife.
Answered on May 07th, 2012 at 3:54 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can apply. With proper documentation of disruption and threat to you, one would likely be issued, regardless of your wife's position. You will of course have to deal with your wife's reaction.
Answered on May 04th, 2012 at 3:30 PM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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Yes, you can get restraining order, but your wife, not abiding with your wishes, could create a problem since she could invite daughter to house.
Answered on May 04th, 2012 at 2:26 PM
Buddy Clark
Yes you can. If you are in Orange County I charge $1,500 if in LA or Riverside I charge $2,500. This requires two court appearances and declarations.
Answered on May 04th, 2012 at 1:55 PM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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You may request a Civil Harassment Restraining Order to protect you. You do not need your wife's consent. Because you are not a blood relative nor cohabitant of your wife's adult daughter, a domestic violence restraining order would not be the proper remedy. Restraining orders are typically based on recent actual violence or threats of violence, but can also be based on continual harassment and stalking.
Answered on May 04th, 2012 at 1:08 PM