restraining order when still married?

[awholenewworld]

My stbxh won't leave "his house." But while he's here, he antagonizes the children, he just busted a door down because one wanted to be left alone, and he refuses to leave anyone alone.

 

What are my rights? Can I get a restraining order so he has to stay away? He's hit our other son before, dcf has been here, no charges pressed (because I'm a sucker).

 

Do I have any rights? Or do I have to wait out a divorce? I have not where to go. He does have places he can go, he just chooses to stay here and antagonize everyone.

 

It's a power game for him. I just want peace.

 

What can I do?

[bentleychic]

I think if you/the kids feel threatened, you need to call the cops to the house and inquire to them whether or not it's possible to get a restraining order against him. You absolutely CAN get a restraining order while married, but I'm not sure how much proof of feeling threatened that you need to show. It cannot hurt to have the cops pay you a visit to talk to them and get it on the records, at least.

[dumped2013]

If you have a car you should leave and go somewhere tonight. Anywhere. We don't want to read about you online tomorrow. Then tomorrow go to the police.

[d0nnivain]

Yes you can get a restraining order. Go to your local courthouse. The family law section will have a pamphlet explaining the process & your rights. Exercise them. Busting doors & hitting your kids is the whole reason they have restraining orders.

[awholenewworld]

That's what I'm going to do tomorrow morning. I wasn't able to do it today as I was very occupied with something that came up with one of my kids. Tomorrow I will take my happy butt down to the court house and protect my family.