My child's father has a history of domestic violence and while I have been pregnant with my child he has been dating a girl who has made disturbing comments about the death of my unborn child and then while he was incarcerated during my pregnancy contacted me to try and figure out some sort of custody agreement. She has a history of mental health issues, i.e. suicide and depression and I am worried about the safety of me and my child. What can I do to get a no contact order so she cannot come in contact with me or my child when she is born? He is currently living at my house and has made comments via text message while I was at work that I cannot make him leave. I am not really sure how to keep either of these people away from me but both of them are mentally unstable which scares me.
You will need to seek the assistance of a local experienced Family Law Attorney. Let me assist you by moving your question to the correct practice area so you may benefit from the advise of the attorneys.
Erin Patricia FarleyFamily Law AttorneyPetaluma, CA ·
1. I do not have enough facts to determine the how to get him out of your house - but he needs to be gone. Different requirements are needed depending on whether you are married, who owns the home, whether he is on the lease, whether he pays rent, etc. More facts are necessary. If he is also making threats, you could get him out through a restraining order/ kick-out action; if not, you may need an eviction action; 2. Is the woman contacting you directly? If so, call the police about the woman's threats - if they don't file an order for protection, then you may ned to pursue a civil order (go to a legal aid agency or your local courthouse Family Law Facilitator for assistance). If she is making threats to him or through him, that's a whole other ball of wax. Bottomline, you need to do whatever it takes to extract yourself from this toxic situation. I would love to see you seek assistance from an attorney; but at the very least, contact a domestic violence hotline or agency. You need support and guidance, and there are people out there to help you.
You can file a Domestic Violence Restraining Order against the father and a Civil Harassment Restraining Order against his girlfriend. You need to state more facts in these requests. Good luck
Run, do not walk to the nearest experienced family law attorney. Your problems are considerably more difficult than the vast majority of self-represented litigants can handle and definitely too great to discuss on this website. If you are determined to slog through this without representation or you cannot afford to hire an attorney Santa Clara County maintains a Family Law Facilitator's office. Information regarding the Facilitator's office is available on-line, simply Google Santa Clara County Family Law Facilitator.
