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My husband is consistently drunk and refuses to leave the…

My husband is consistently...

My husband is consistently drunk and refuses to leave the property I am renting. can i get a restraining order against him?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Houston tx

Lawyer's Assistant: What steps have you taken so far?

None

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Answered in 1 minute by:
3/23/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Good evening. Is there any type of fear or harm?

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Customer reply replied 4 months ago
hello, how can i file a restraining order when my husband has been abusive in the past? i have called the police on him a number of times before. I do not want him to go to jail, i just want him to leave!!

Thank you for the reply. You have two options. The first is to call the police and see if they will arrest him and have a basis to charge him. If he is drunk and creating a disturbance, they may ask him to leave for the night but he could return. If he is arrested and charged with domestic violence there should be a no-contact order put in place and he would not be allowed to return. The second option is to go to the courthouse tomorrow and file for a restraining order but you need to show that you are in fear or harm or he is threatening you and you are in fear. The only other way would be to file for divorce, if you just want him to leave

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Customer reply replied 4 months ago
If I go to the courthouse tomorrow and file, how can I "prove" that I am in fear?I am not stupid enough that I would be anything but sweetly nice to him when he is drunk out of his mind because I know that he will hurt me.

It would be with your testimony. The Judge will want you to testify, when you go before the court and when you file, you will be filing and swearing under oath, that the statement contained within, are true.

LegalKnowledge
LegalKnowledge, Attorney
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