“I was never married, and CA is not common law - a 14yr relationhip, I have 3 children with this man who has a verbally abusive history with all in the family. We seperated now for 10 mos…What can I do to control his harrasing phone calls and emails? A restraining order? and how may I file for child support?”

If a person’s behavior rises to the level of “harassment” you can file for a civil harassment restraining order. I am not sure whether his behavior rises to that level, as you have given no specifics.

In the alternative, you may want to file a paternity action. In that action you can file a motion for child support, custody, and for the restraining order. In the alternative, you could simply file for a civil harassment restraining order, and commence an action through the local child support collection agency for the child support.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.