• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Restraing Order in Santa Clara Co, Ca

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



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.

CAN she get a restraining order under these circumstances
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?

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential