Restraining Order?

[themousehole]

What is the name of your state? California

I'm currently going through a divorce. My ex moved out 8 months ago (as he agreed to). However, he has insisted on coming over whenever he wants. Finally two months ago (after asking him repeatedly) he stopped coming over. This weekend I was out of town and he had him for one night (my mother had him the rest of the weekend). He says he had an "emergency" and had to leave our son with his brother. The thing is he had my son climb in through my window and left him with his brother in my apartment! His name is still on the lease. Would this be cause for getting a restraining order.

btw- i don't know what else he might have done in my apartment. he has a tendency to go through my things...

[Ohiogal]

Your apartment? Without a court order granting you the apartment it is still the marital residence. He is on the lease. He is allowed to enter whenever he wants as it is the marital home. You do not have enough of anything for a restraining order. If you have filed for divorce, you should have asked for possession of the marital residence in a temporary order. That would have given you legal right to force him out.