restraining order questions

[positivecdiff]

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

I've been married x 12 years, 2 children ages 12& 9. History of mild physical abuse and extreme emotional and verbal abuse daily. I've filed for divorce and I'm on a waiting list for an apartment that's cheaper for people on disability or fixed incomes. That could take several months.

Stbx told me "this night could be the anniversary of your death" plus the daily in my face and calling me every name in front of kids etc.

We rent our house, no lease, my durability has paid 100% of the bills for 2 yrs until May then he started mowing lawns and paid electricity and water bills, once I refused to drop divorce he FINALLY got a normal job and has been there a couple weeks. However, it would be much better off he moved into a place and I could stay here until my name is pulled off wait list, but he refuses to leave. (He's got it made here, I pay everything, he's got a big screen and good that I've had to stand in line for at the food pantry.)

I'm considering staying in a pay by week hotel until I can get into the apartment. But Iknow he will fight me about girls staying there vs their room with their stuff. I don't know if I need to do anything about that. He's at work so I get them on and off the bus, he's not home.

I'm considering asking courts for a temp restraining order against him for just me, if
I did that would that allow me to stay in the house with kids and he would need to stay somewhere else? I'd need to be here to get kids on and off bus.

I'm not sure what to do

 

[Ohiogal]

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

I've been married x 12 years, 2 children ages 12& 9. History of mild physical abuse and extreme emotional and verbal abuse daily. I've filed for divorce and I'm on a waiting list for an apartment that's cheaper for people on disability or fixed incomes. That could take several months.

Stbx told me "this night could be the anniversary of your death" plus the daily in my face and calling me every name in front of kids etc.

We rent our house, no lease, my durability has paid 100% of the bills for 2 yrs until May then he started mowing lawns and paid electricity and water bills, once I refused to drop divorce he FINALLY got a normal job and has been there a couple weeks. However, it would be much better off he moved into a place and I could stay here until my name is pulled off wait list, but he refuses to leave. (He's got it made here, I pay everything, he's got a big screen and good that I've had to stand in line for at the food pantry.)

I'm considering staying in a pay by week hotel until I can get into the apartment. But Iknow he will fight me about girls staying there vs their room with their stuff. I don't know if I need to do anything about that. He's at work so I get them on and off the bus, he's not home.

I'm considering asking courts for a temp restraining order against him for just me, if
I did that would that allow me to stay in the house with kids and he would need to stay somewhere else? I'd need to be here to get kids on and off bus.

I'm not sure what to do

When did he say, this night could be the anniversary of your death? How many children do you have? Have you ever called the police? Have a contacted a domestic violence shelter?

 

[positivecdiff]

We've got 2 daughters together. He said this Friday night.

 

[Ohiogal]

We've got 2 daughters together. He said this Friday night.

File for a restraining order. If for some reason the ex parte is NOT granted, you need to go to a shelter to protect yourself and your daughters.

 

[positivecdiff]

File for a restraining order. If for some reason the ex parte is NOT granted, you need to go to a shelter to protect yourself and your daughters.

I'm going to go to court this week and request one, he's been drinking more and passing out early the last day or two, thankfully. He's really been getting angry when I talk about him not having the kids exactly 50% off the time, I don't trust him with them bc he can't go more than 2-3 days without getting trashed. I'm so disappointed that this is how he's chosen to be after I've stood NY him through rehab stay after stay. Tonight be threatened our youngest daughter's cat.

 

[single317dad]

Indiana is one of the easiest states to get an ex parte order for protection and exclusive use of the residence. If there's any case in which that power should be exercised by a judge, this is it. Your local shelter can explain the process, and some will even send someone supportive to help you through the process. I've seen some of them send people out to drive the victim to the courthouse, and even help with paperwork (though that gets into a legal gray area).

http://www.icadvinc.org/get-help/shelter-list/

http://www.icadvinc.org/get-help/shelter-list/

If you feel you or the children are in immediate danger, call 911.