Alcohol isn't illegal, and this man simply having a few beers or whatever with your husband isn't exactly putting your children in danger. Honestly, I don't see how you can get a restraining order against him when your husband is allowing him to come hang out at his home.

You don't need to formally file for divorce to ask your husband to leave, or to ask for a restraining order if you honestly believe he is a danger to you or your children. If you want him out, discuss it with him without dragging otherwise innocent third parties like his friends into your issues.

If your husband has invited him over, he is a guest in your house, and you cannot have him kicked out by the police, unless your husband tells him to leave. You can and should express your opinions to your husband, and if possible ask him to meet his friend elsewhere for a drink.

If he comes over when your husband is not at home and harasses you that is a different matter. But as long as your husband has invited him, there is nothing you can do. Sorry.

If you are planning on filing divorce papers, why not get your husband out of the house? He is at the root of the problem. Husband gone, annoying friend gone.

And IMHO is right, you can't get a restraining order against your husband's friend since your husband and you don't agree on this, right?