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Have a roommate who is verbally abuse and violent. Can we get a Domestic Violence Temporary Restraining Order?
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Have a roommate who is verbally abuse and violent. She has thrown things and verbally threaten the other 3 of us. The me and the 2 other roommates are afraid to be home alone with her. She insists on things her way without compromise. She keeps thermostat at 55 degrees 24/7 and threatens us if we try to change it. She refuses to pay for the extra electric bill to keep the apartment at 55 degrees 24/7 and told us to pay for it.
I heard that we may be able to get Domestic Violence Temporary Restraining Order and ask for a residence
exclusion order. Is this true in Anaheim, CA?
It sounds like you should file for a civil harassment restraining order, and not a domestic violence restraining order. Domestic violence restraining orders are for when the parties are related or involved in a sexual relationship. Here is link on how to file for a civil harassment restraining order: http://ceb.com/jcforms/ch100info.pdf.
Given that this is a roommate situation and not someone that you have been involved in a dating relationship with you would want to file a civil harassment restraining order. You are not eligible to file a DV restraining order if you have never been involved in a romantic relationship with your roommate.
In California, Civil actions for Domestic Violence require the showing of a "domestic" relationship. A domestic relationship includes, but is not limited to, in intimate partner relationship. For example, children living in the same house with a parent can be victims or perpetrators of domestic violence. In California, the standard of proof for domestic violence is a preponderance of the evidence. The standard of proof for a civil restraining order is clear and convincing evidence. As a result, the standard of proof for a domestic violence restraining order is less than that required for domestic violence order. You are encouraged to review the nature of your relationship with a lawyer before deciding which type of action to file.
