Can she get a restraining order/PFA?

[krye]

What is the name of your state (only U.S. law)? PA

I have a friend who wants to get a divorce. She had her husband move out about 2 weeks ago. Her mother is on his side and she told him he is allowed to go back to their condo (it's solely under the mom's name). My friend doesn't want him there at all because he said he will refuse to sleep in the guest bedroom, and she is scared because he basically rapes her while she sleeps. This has been going on for almost a year that she wakes up with her pants pulled off, and, well, the proof leaking out. Sorry for the TMI. The mom is aware of that and condones it. He also threatened to have her kicked out and he will keep everything in the condo. Everything in the home belongs to her except for the computer. He also attacked her a few weeks ago for overeating (even though she's skinny as a rail) and she scratched his arm with a knife in self-defense, so she is worried that he will try to claim physical abuse on her part. But anyway, she wants to get a restraining order against him and we were wondering if there's enough against him to get one, and also how much do they cost, and what are the procedures to get one?

And no, there's no pre-nup.

[Ohiogal]

What is the name of your state (only U.S. law)? PA

I have a friend who wants to get a divorce. She had her husband move out about 2 weeks ago. Her mother is on his side and she told him he is allowed to go back to their condo (it's solely under the mom's name).

Mom's right. This is the marital residence -- without a court order preventing him from being there he is allowed to be there.

My friend doesn't want him there at all because he said he will refuse to sleep in the guest bedroom, and she is scared because he basically rapes her while she sleeps.

Why doesn't SHE sleep in the guest bedroom? Or why doesn't SHE move? She has no right to force him out. Why hasn't she reported the rape?

This has been going on for almost a year that she wakes up with her pants pulled off, and, well, the proof leaking out. Sorry for the TMI.

And yet, in the entire year, she has NEVER reported the crime, filed for a domestic violence restraining order, or left.

The mom is aware of that and condones it. He also threatened to have her kicked out and he will keep everything in the condo. Everything in the home belongs to her except for the computer.

So NOTHING was bought during the marriage? Because anything bought during the marriage is marital property.

He also attacked her a few weeks ago for overeating (even though she's skinny as a rail) and she scratched his arm with a knife in self-defense,

How did he "attack" her? Scratching his arm with a knife is also known as assault with a deadly weapon. That is a crime.

so she is worried that he will try to claim physical abuse on her part.

She should be. She committed a crime -- a felony.

CHAPTER 27. ASSAULT

(a) Offense defined.--A person is guilty of aggravated assault if he:

(4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;

(b) Grading.--Aggravated assault under subsection (a)(1) and (2) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6) and (7) is a felony of the second degree.

But anyway, she wants to get a restraining order against him and we were wondering if there's enough against him to get one, and also how much do they cost, and what are the procedures to get one?

She needs to leave. Seriously. What evidence does she have of ANY of this? How many times has she called the police? What evidence does she have of the attack? Who was present during any of this? And who are you?

And no, there's no pre-nup.

Which doesn't matter.

[LdiJ]

Originally Posted by krye

What is the name of your state (only U.S. law)? PA

I have a friend who wants to get a divorce. She had her husband move out about 2 weeks ago. Her mother is on his side and she told him he is allowed to go back to their condo (it's solely under the mom's name). My friend doesn't want him there at all because he said he will refuse to sleep in the guest bedroom, and she is scared because he basically rapes her while she sleeps. This has been going on for almost a year that she wakes up with her pants pulled off, and, well, the proof leaking out. Sorry for the TMI. The mom is aware of that and condones it. He also threatened to have her kicked out and he will keep everything in the condo. Everything in the home belongs to her except for the computer. He also attacked her a few weeks ago for overeating (even though she's skinny as a rail) and she scratched his arm with a knife in self-defense, so she is worried that he will try to claim physical abuse on her part. But anyway, she wants to get a restraining order against him and we were wondering if there's enough against him to get one, and also how much do they cost, and what are the procedures to get one?

And no, there's no pre-nup.

If her mother owns the condo, and her mother is on the husband's side, then the best advice I could give her is to move out of the condo herself, and take all of her belongings with her....ASAP.

[Zephyr]

Originally Posted by LdiJ

If her mother owns the condo, and her mother is on the husband's side, then the best advice I could give her is to move out of the condo herself, and take all of her belongings with her....ASAP.

Yep- and cut all ties with mom

[MsJamieLynn]

There is definitely more than enough evidence there to get a restraining order. They dont cost anything, they are court ordered. Just go to your local police station, make a report, and tell them you want a restraining order

[Ohiogal]

Originally Posted by MsJamieLynn

There is definitely more than enough evidence there to get a restraining order. They dont cost anything, they are court ordered. Just go to your local police station, make a report, and tell them you want a restraining order

Jamie LYNN QUIT! now. do not say anything nor give advice. You don't know anything.