Verbal Abuse Directed Towards Spouse and Child - May One Get a Restraining Order

[Lizard]

My question involves marriage law for the State of: California

This questions pertains to a married couple in which one spouse is persistently verbally abusive towards the other spouse as well as their underage child. (child is under 8 years old). Can the spouse who is on the receiving end get a restraining order against the other spouse ordering the other spouse to cease and desist with the verbal abuse? Putting aside moving out and dealing with a nasty custody battle, what other options are available for the spouse on the receiving end?

[adjusterjack]

Can the spouse who is on the receiving end get a restraining order against the other spouse ordering the other spouse to cease and desist with the verbal abuse?

I doubt it.

Putting aside moving out and dealing with a nasty custody battle, what other options are available for the spouse on the receiving end?

None.

Either put up with it or get a divorce.

[Lizard]

I doubt it.



None.

Either put up with it or get a divorce.

Are you sure there are no 'happy mediums' between putting up with it and divorce such as legal separation?

[pg1067]

Can the spouse who is on the receiving end get a restraining order against the other spouse ordering the other spouse to cease and desist with the verbal abuse?

I've never heard of a restraining order for "verbal abuse."

Putting aside moving out and dealing with a nasty custody battle, what other options are available for the spouse on the receiving end?

Counseling/therapy.

Are you sure there are no 'happy mediums' between putting up with it and divorce such as legal separation?

Legal separation is not what a lot of folks think it is. Legal separation is, for all intents and purposes, identical to divorce, except the marital status remains intact. It is a rarely used alternative for folks who oppose divorce on religious grounds or for folks who want to divorce but want a spouse with significant medical issues (i.e., who would have great difficulty finding reasonably-priced medical insurance) to remain covered by the other spouse's medical insurance that would terminate in the event of divorce. If there is going to be "a nasty custody battle" in the event of divorce, that same battle will occur in a legal separation. Also, both spouses have to agree to a legal separation.

[llworking]

I doubt it.



None.

Either put up with it or get a divorce.

I do know someone who got a restraining order that allowed for peaceful contact to allow them to remain in the same home. I admit that I thought it odd at the time, but I wouldn't entirely rule it out.

[cbg]

Seems to me that a restraining order controlling what could be SAID might raise a few First Amendment issues.