How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5171
Experience:  Licensed to practice before state and federal court
97407003
Type Your Family Law Question Here...
Legal Eagle is online now
A new question is answered every 9 seconds

I have a child and my ex admittes to having drugs around the

Customer Question

I have a child and my ex admittes to having drugs around the house and has been drinking a lot. He is threatening my roomate who is a male said he will break his leg and smash bottles over his head, he has said to me he will put me ina mental institute and take my son aeay and find my son i take care of majority of the time. I do not collect child support. He has laid yands on me a few times and i am wondering what laws he is breaking and what I can do to make it stop for good
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No going to speak to a womans alliance that supplies legal help and advise tomorrow
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at tbe moment
Submitted: 1 month ago.
Category: Family Law
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I’mv ery sorry to hear about your situation. The answer to your question is that you should strongly consider getting a restraining order against your ex. You can get restraining orders pretty easily. All you have to do is go down to your local courthouse. On the first floor, you can ask the clerk of the court for the required documents for a restraining order. You can fill it out, hand it to the clerk, and pay the small fee. The request for the restraining order will go to the judge usually the same day. It’s often approved. You can then take those copies that the clerk gives you after you file them and take them to the Sheriff to have them served on your ex boyfriend. The judge will call a hearing for a few months later to determine if the restraining order should be permanent (meaning it lasts many years) and both you and your ex will be required to attend.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 1 month ago.
What about custody so my child is not affected?
Expert:  Legal Eagle replied 1 month ago.

While you're at the courthouse, you may want to file for a modification of custody and support. You can ask the court to award you custody temporarily while the restraining order is in place and have them enter an order that says how much he is going to pay you. If you already have an order, then you're just going to request that they modify it.