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ANDREA,
ANDREA,, Lawyer
Category: Family Law
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Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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MY HUSBAND LEFT ABOUT SIX WEEKS AGO WE ARE CURRENTLY IN A LEASE

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MY HUSBAND LEFT ABOUT SIX WEEKS AGO WE ARE CURRENTLY IN A LEASE AGREEMENT. HE TOLD ME AND THE KIDS 17 AND 19 HE IS COMING BACK TODAY TO TAKE ALL HOUSEHOLD FURNISHINGS. HE HAS NOT PAID ANY SUPPORT AND HAS BE VERY AGGRESSIVE WITH MY SON AND MYSELF. HE DEMANDED ME TO PAY HIM HALF THE LEASE DEPOSIT TODAY AND THE LEASE IS NOT UP UNTIL 06-2010. HE CAME BACK THE OTHER NIGHT TOOK MY CAR, HE MADE ME SIGN THE TITLE WITH NO NOTARY AND THEN TOOK TO A NOTARY WITHOUT MY KNOWLEDGE. HE ALSO FORCED ME TO CALL AND GET NAME OFF LEASE AND THAT IS FINE. DO I HAVE THE RIGHT AT THIS POINT TO NOT LET HIM IN THIS HOUSE AND DO I HAVE TO GIVE HIM ANYTHING ELSE SINCE HE LEFT AND WE DO NOT OWN THIS HOUSE. HE IS REALLY STARTING TO SCARE ME BUT I DO NOT FEEL HE HAS THE RIGHT AT THIS POINT TO TAKE ANYTHING ELSE AWAY.   MY PLANS ARE TO KEEP DOOR LOCKED TELL HIM TO LEAVE AND CALL CITY POLICE.
Submitted: 4 years ago.
Category: Family Law
Expert:  ANDREA, replied 4 years ago.

Good Morning,

 

Thank you for choosing JustAnswer. I will be glad to help.

 

You should have called the police immediately and not given him anything! The police would have written up a report and you would have had a ecord of it.

 

If you feel that he will cause you physical harm ( you described him as aggressive) I would suggest you immediately file a "Petition for Protection from Abuse (PFA). tell the judge what he has done, how you are in fear of your life and tell him that you were threatened with bodily harm and under such threat he coerced you to sign you car over to him --- Be sure you tell the judge that you DID NOT appear before any notary

amd that the person who notarized your signature on the title did so illegally---

 

Tell the judge that is exactly how h coerced you into calling the landlord to remove his name from the lease. See if the landlord will put his name back on the lease!

 

and get the judge to sign a PFA Order. Ask that the Order contain language such that he be prohibited from coming any closer than say, 1,000 yards of you, your sons, the residence, your place of employment and that he should have no contact with you either personal, by telephone, fax, cell 'phone, text messaging and that he shall not have any contact with you or your sons through any friends, relatives, co-workers, friends of your sons, etc.

 

Once you have a PFA Order get a certified copy and file it with your local police department; if he shows up, he is in violation of a Court Order, you would immediately call 911 and tell the 911 operator tht you filed a PFA Order with the _____ Police Department and your husband is violating that Order. The police will be there before you even hang up. The will arrest him, take him to the police station. Then bring him before a judge and when the judge finds him guilty of Contempt, he will incarcerate him.

I dislike bringin the children in as witnesses, but in this case, it might be necessary be necessary to corroboate your testimony as to what he did, how abusive he was and is and that you are all in fear of harm.

 

If you do not get a PFA Order, your husband will still have a right to enter the prperty whether or not his name is XXXXX XXXXX lease - It would still be considered the marital residence.

 

As for coercing you to sign title to you car over to him, go to the police and tell them he threatened you with bodily harm if you did not sign the title over to him and ask the police to give you anything necessry so you can report the car as stolen. Oce the police stop him, they will specifically ask him for title to the car (because of the information you gave to the police). The will then be able to ascertian the name of the Notary who "notarized" your signature.

 

Do not be afraid of him and do not let him convince that he will not do it again. He will be trying to get on your good side to take everything and leave you with nothing.

 

Make a list of everything he has taken and take pictures of everything in the house that he can easily remove. You must keep an accurate record of these items.

 

If he has not filed for divorce, file a Petition for Spousal Support. If he has filed a Complaint for Divorce and commenced these proceedings, file a Petition for apl (ALIMONY PENDENTE LITE - TEMPORARY ALIMONY DURING THE DIVORCE PROCEEDINGS) You should also include in your Petition for APL, a request for Interim Counsel Fees so that you can afford a lawyer.

 

If you have other information you want me to consider, or have questions in the future, please feel free to ask for me - Andrea - In the meantime, please press the "ACCEPT" button so that I may receive credit for my work. Leaving positive feedback, Bonus, etc., is always appreciated.

 

Thank you and Good Luck!

 

ANDREA - Attorney at Law & Legal Expert

ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11576
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 6 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

I AM NOT GOING TO LET HIM IN HERE TODAY HIS NAME ISXXXXX THIS PROPERTY AND I AM GOING TO GET A LAWYER AND RESTRAINING ORDER ON MONDAY. I HAVE ALREADY CALLED THE CITY POLICE AND THEY SAID HE WOULD BE CHARGED WITH TRESPASSING. DURING THE PROCESS OF THE DIVORCE THEN I WILL GIVE HIM WHAT I HAVE TO. IT'S NOT THAT I CARE ABOUT ANY OF THIS STUFF BUT HE SCARES ME AT THIS POINT AND I REALLY DO NOT KNOW IF HE WOULD HURT MY SON OR ME AND I AM NOT GOING TO TAKE THAT CHANCE. I DO NOT KNOW IF THIS INFO IS ACCURATE BUT I DID TAKE TO A WOMEN AT THE POLICE DEPT. AND WAS TOLD I DO NOT HAVE TO LET HIM IN HERE AND HE SHOULD HAVE TOOK WHAT HE WANTED THE NIGHT HE LEFT. I KNOW THAT I WILL HAVE TO SPLIT THINGS AFTER DIVORCE AGREEMENT BUT I DO NOT WANT ANYTHING FROM HIM I WANT OUT OF MY LIFE BECAUSE IF I DO NOT START STANDING UP TO HIM AND LETTING HIM KNOW HE CAN JUST COME HERE AND KEEP DEMANDING THINGS HE SHOULD BE PAYING ME. I JUST WANT HIM TO GO AWAY AND LEAVE US ALONE LIKE HE HAS FOR THE LAST 10 YEARS OF OUR MARRIAGE

Expert:  ANDREA, replied 4 years ago.

Thank you for your reply,

 

I am glad to hear that you will no longer allow him to threaten you. I am gld you spoke to the police. Did you speak to police about being coerced into signing title to the car over to him? It's very important that you do - if he knows this notary well, you do not knowwhat you husband is capable of doing - signing your name to tranfer title of other things to him and have the notary notarize your signature. Talk to the police about the car, please; if you don't you will regret it later, I guarantee you will.

 

Do not go in with the attitude that you will give him everything. He stole the best years of your live, something that money will never buy, he owes you and he should pay. I would say the same thing if the person doing all of this was wife in the situation.

 

When you are in Cpirt filing the Petition for Protection from Abuse, please file a Petition for Spousal Support - he will not be able to come near you, but he will still have to pay you.

 

Do not give him everything in desperation to "get him out of your life" First, he will always do something to push himself back into your life; second, when everything is over, you will start thinking and thinking, I shouldn't have given him this, I shouldn't have given him that, Please trust what I am telling you; you will regret it - I have heard regrets from spouses so many times that I cannot count. You will regret giving more than you should and you will remember my words, trust me!

 

Get an experiwenced Family law lawyer who is not afraid to fight for what's rightfully yours. Remember, file a peririon for spousal suppot and when divorce proceedings are commenced it will be converted to APL;

And at that point, your Petition should include (as I have already told you) Counsel Fees so the court can order him to pay a good part of your counsel fees

 

Good Luck!!!

 

ANDREA - Attorney at Law

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