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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I'm 19 and living with my parents. My mother is an alcoholic

Customer Question

I'm 19 and living with my parents. My mother is an alcoholic and is verbally and emotionally abusive to both my father and I. Her constant drinking and abuse have made it so I can't even study for my college classes and have had to drop one due to the stress and mental strain that comes from this. What can I do? Can I get a restraining order against her? I have proof and multiple witnesses of this abuse. I've even had to see a therapist multiple times over years because of this and have been diagnosed with depression and anxiety. What can I do legally? Can I get a restraining order?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel. I am sorry to hear you are enduring this situation.

I suggest you can get a domestic violence restraining order. However, since you are age 19 and living in your parents house, the court may grant the order but also tell you to leave the home. They might not make your Mother leave. So you need to be prepared for that.

The other option is to request a Stay Away Order. That would mean you can tell the court you only want your Mother not to talk or come near you in the family home or otherwise. That would require her to keep her distance. For instance, if you are in your bedroom she cannot come there and harass of abuse you.

Expert:  Samuel II replied 1 year ago.

You also can talk to your Father and see if he would consider having her committed to a rehab.

Expert:  Samuel II replied 1 year ago.

CA has civil commitment process for those with addictions. And so he could call the police and tell them she is a danger to herself and others and ask them to file to have her on involuntary commitment. That means, she is evaluated and once the medical professionals understand her addiction she could be committed to a rehab.

Expert:  Samuel II replied 1 year ago.

I suggest the police could be called when she has been drinking and goes on a rampage.

Customer: replied 1 year ago.
Thank you. I don't have anywhere else to go, so i'll see about the involuntary commitment.
Expert:  Samuel II replied 1 year ago.

You're welcome. I am sorry that you are in this situation. Thanking you in advance for a positive rating and good luck with school and everything.

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