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Restraining Order
Can I Get a Restraining Order to Keep Visitors From My Home?

Can I Get a Restraining Order to Keep Visitors From My Home?

Full question:

My husband and I divorced in CA in November 2008 after 42 years of marriage. Our home is in both our names. He was ordered to make the mortgage payments. We are currently living together because of the economy and because he can't afford to pay my court-directed alimony. I consider the money he's not paying me helps out with the mortgage payment. I am currently in TX helping my mother who is in a nursing home and is not expected to live much longer. Can I get a restraining order against my husband's girlfriends to keep them away from my home? They frequently spend the night when I'm gone and have been known to go through my nightstand drawers and leave extrememly personal items behind.

Category: Restraining Order
Date: 04/07/2025
State: Texas

Answer:

As an owner of the home, the husband may invite guests to the property. A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.

A hearing is typically held in which the person requesting the restraining order must prove their need for the order by the greater weight of the evidence. The person sought to be restrained (defendant) may present evidence to counter the allegations made. A motion may also be made to modify the terms of a restraining order that has been issued. I suggest contacting a local attorney who can review all of the facts and documents involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long do you have to be married in California to have to pay alimony?

In California, there is no specific minimum duration of marriage to be eligible for alimony. However, the length of the marriage can influence the amount and duration of support. Generally, longer marriages may result in longer alimony obligations. The court considers various factors, including the standard of living during the marriage and each spouse's needs and abilities. It's important to consult with a legal professional for personalized advice.

Does my husband have to pay the bills until we are divorced in California?

In California, spouses are generally expected to continue paying shared bills during separation until the divorce is finalized. This includes mortgage payments, utilities, and other joint expenses. If there is a court order for alimony or support, that may also affect financial responsibilities. If you have specific concerns, it’s wise to consult with a family law attorney.

Can a husband stop paying bills during separation?

In California, a husband cannot unilaterally stop paying bills during separation if they are jointly responsible. Both spouses are typically required to continue meeting their financial obligations until a divorce is finalized. Failure to do so may have legal consequences. If there are issues regarding bill payments, consider seeking legal advice to explore your options.

How many years do you have to be married to pay alimony in California?

In California, there is no specific number of years that mandates alimony payments. Alimony can be awarded regardless of the marriage's duration, but longer marriages may lead to longer or more substantial support. The court considers various factors, including the standard of living and the financial situation of both spouses. Consulting with a family law attorney can provide clarity based on individual circumstances.

How long do you have to be married in CA to get half?

In California, which follows community property laws, assets acquired during marriage are typically divided equally, regardless of the marriage's length. There is no specific duration required to claim half of the community property. However, the division of property can be influenced by various factors, including prenuptial agreements or specific circumstances. Legal advice can help clarify your rights.

Who is responsible for a mortgage after divorce?

In California, responsibility for a mortgage after divorce depends on the divorce agreement and how the property is titled. If both spouses are on the mortgage, they may remain liable for payments unless the court orders otherwise. If one spouse keeps the home, they may be responsible for the mortgage payments. It's essential to address these issues during divorce proceedings to avoid future complications.