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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11582
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My daughter is being kept out of her house, by her husband.

Customer Question

My daughter is being kept out of her house, by her husband. She has a minor child of theirs with her. Her husbands parent own the land and the house, which he farms. My daughters name is XXXXX XXXXX the loans and machinery. That has been her only income, her husband refused to let her work after their daughter was born. She does run a green house as her business part time and is closed now for the season. The green house is on the same farm ground. She has no way of supporting her and her daughter at this time. She is being forced to stay in a camper at a campground. Which is 20 min away from her daughters school. My question is can her husband keep her out of the house? And what should she do about it? She has not been to see a laywer and could not pay one, for she has no money.
Submitted: 4 years ago.
Category: Family Law
Expert:  ANDREA, replied 4 years ago.

Good Evening.

 

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

 

I am really sorry for wht's happening to your daughter.

 

Q. What state is she in?

 

ANDREA

Customer: replied 4 years ago.
Illinois
Expert:  ANDREA, replied 4 years ago.

Thank you for your Reply,

 

Your daughter's husband cannot lock your daughter out of the house nor can he decide to change the locks. It is the marital home, regardless of whose name is XXXXX XXXXX title and she has every right to live there as he does.

 

I am surprised that they discharged him from the hospital, also under those conditions. I gather that your daughter never called the police when her husband would make those threats because she would not be living in a camper right now. Every County in every State has a Legal Aid Society, but even if they didn't she could have filed the charges with the District Attorney's Office.

 

It's still not too late to file those charges. Some states have a special division in the District Attorney''s Office called "Protection from Abuse"; different states might have a slight variation in the name but the purpose and service is the same. Your daughter wil get a "Protection from Abuse" Order following a hearing during which she will tell the Judge exactly what she and her daughter have had to endure and that her husband is not only a danger to them, but also to himself. If he doesn't care about himself, he's certainly not going to care what he does to your daughter.

 

If your daughter doesn't care about her own safety and does not want to pursue this, which right now is her only avenue for relief, she should do it for her daughter who will grow up traumatized by what she has seen and will suffer irreparable emotional, psychological and mental damage.

 

The Protection from Abuse Order will provide that her husband maintain a certain distance (usually expressed in yards, i.e., 2,000 yards which is over 1 mile) from her residence and place of employment, should she choose to work, and not have any direct or indirect contact with her by any means or person (telepheone, cell phone, texting, letter, friends, relatives, associates, etc.).

 

If he violates the Order, he can be held in Contempt of Court and sent to jail for up to 6 months and he will not like it there because inmates do not tolerate wife beaters and they don't treat them very well.

 

Additionally, under these circumstances, the Judge will almost certainly give her exclusive occupancy of the house and he will not be able to go any where near it. During that time, she should be able to think clearly and determine which way she wants to go; in any event and depending on how old their daughter is, she should get her counseling so this does not stay with her all her life.

 

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Thank you and Good Luck!

 

ANDREA

Member, NY & PA Bar

 

 

 

 

 

ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11582
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 7 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Andrea,

Thank You so very much. Your information has been quite helpfull. This is a great web site I will surely pass it on.

Sandie
Expert:  ANDREA, replied 4 years ago.

You're ver welcome Sandie,

 

I would have gotten to you sooner, but today has been exceptionally hectic. I appreciate your visiting JustAnswer; if you or your friends have questions in the future, please feel free to ask for me. You call all do so by typing my name at the beginning of your question.

 

Thank you again and Good Luck to you and your daughter! Just follow the above instructions and you'll be okay.

 

ANDREA

Member, NY & PA Bar

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