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  1. #1

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

    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?

  2. #2
    Join Date
    Mar 2013
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    18,259

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

    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.

  3. #3

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

    Quote Quoting adjusterjack
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    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?

  4. #4
    Join Date
    Jul 2018
    Posts
    2,713

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

    Quote Quoting Lizard
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    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."


    Quote Quoting Lizard
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    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.

    Quote Quoting Lizard
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    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.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,428

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

    Quote Quoting adjusterjack
    View Post
    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.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,514

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

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

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