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Attorney & Mediator
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Category: Family Law
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How do I get a restraining order against my wife

Resolved Question:

My wife''s alcoholism is out of control. She constantly drinks around the children, drinks and drives, breastfeeds directly after drinking and so on. I have tried to help her. She has quit AA and she only went to marriage counseling because I made her. She seemingly has no desire to help herself.
        The other day she bought a large bottle of Vodka at 3 AM before passing out she hid the 3/4 full bottle in the undercarriage of the oven where the pilot light and flames that heat the oven are. The next day I unknowingly almost killed me and my 3 children while cooking dinner. Somehow the bottle stayed intact though it looked like it was very close to exploding or melting. I can only imagine what would have happened if it had. I have nowhere to take my children but need to protect them. Should I start with a restraining order and if so how do I go about it?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Has there every been any pattern of domestic violence, abuse towards you or the children?

The last time the mother was under the influence, does she act aggressive, abusive or destructive?

Do you believe it is time for you to end the marriage?

Customer: replied 8 years ago.
Reply to LawNinvest's Post: She is not violent but definitely very verbally abusive towards me and the children. She has gotten severely drunk while watching the children when I was at work on many occasions. Sometimes to the point where she cant walk. Often in the middle of the afternoon.

      A few weeks ago after she had finished her 1.5 liter of red wine, she woke all the kids up in the middle of the night to go get a 12 pack of Heineken.   She parked the car down the street from our house, sat in the car with the kids drinking beer, and waited for me to come home so she could see my reaction when I realized my kids were gone.    This is just one example but there are many stories like these.

     I have seen her through rehab,in and out of AA, been to marriage counseling and even had a breathalyser on my car for two years. I have given up on her and only want what is best for my children. I absolutely believe it is time for this marriage to end.
Expert:  Attorney & Mediator replied 8 years ago.
Thank youCustomerfor your reply and response to my information request.

I am very sorry to hear what you and your children are going through. This can be a very difficult and tiring time for you all.

To answer your question. Nevada requires an element of domestic violence before you have the legal standing to obtain a restraining order. In Nevada, domestic violence is defined as follows:

What is the legal definition of domestic violence in Nevada?

Domestic violence includes:

  • Acts of physical violence (slapping, punching, choking, etc.)
  • Threatening, coercive or harassing conduct
  • Interference with the personal liberty of the victim
  • Forcible entry into the victim’s residence without victim’s consent
  • Arson
  • Trespassing
  • Larceny
  • Destruction of private property
  • Carrying a concealed weapon without a permit
  • False imprisonment
  • Sexual assault
  • Stalking

So absent any such behavior as required by the Nevada Statute you will not be able to get a restraining order.

So the restraining order at the present time is not a legal option you can exercise. If she were to engage in any behavior as defined as domestic violence then you would be able to proceed with getting the restraining order. Unfortunately her behavior does not amount to the definition to qualify for the protective order. You do have the option of pressing charges for the driving under the influence with your children in the vehicle and then request a criminal no contact order this way. However, if this event happened a few weeks ago, the evidence to charge her with the criminal offense are murky,

Now I asked whether you were ready to file for divorce or legal separation, because you are given the opportunity to make the request that she be ordered out of the house, through the petition. In addition as she lacks the ability to parent your children, you can seek sole custody of your children.

Unfortunately these are your legal options at the present time.

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