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Restraing Order in Santa Clara Co, Ca

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graypanther

Guest
My daughter is in a verbal abusive relationship. Her boyfirend is a alcohol and extremely verbally abusive under the influence. In most cases he does not do physical violence, just calls her every 10 minutes, accuses her of cheating, and uses foul language. In the morning he does not remember anything. One time my daughter got so angry at him so hit him with an ashtray. As a result she was arrested and put on probation for a year (Misdeameanor). She is going to anger management classes. The boyfriend owns the house she lives in, but he does not live there. When drunk he threatens to kick her out and call her parole officer and have her arrested. She has learned to walk away from him during these bouts and come to my house. He calls here every 5 minutes until he passes out.
My daughter would like to get a restraining order against him so he can not come over and threaten to kick her out. She pays rent on the house.

TWO QUESTIONS:
CAN she get a restraining order under these circumstances
and
CAN she Homestead the house since she is paying the rent to keep him from constantly threatening to kick her out in the middle of the night?
 



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