How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LADY LAWYER Your Own Question

LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
Type Your Family Law Question Here...
LADY LAWYER is online now
A new question is answered every 9 seconds

Do I have any grounds to make my husband leave the house if

Resolved Question:

Do I have any grounds to make my husband leave the house if he is using drugs and/or he is being abusive? The mortgage is in both of our names.
Submitted: 2 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 2 years ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

While you are not able to make him leave the marital home in absence of a court order, you may get a restraining order and have him removed that way.

LADY LAWYER :

He would technically be allowed to come home as soon as the restraining order expired (it is up to the judge how long to make it for), but it would give you some temporary relief and allow you to file for either separation or divorce. At that time, a court would be able to tell him he had to move out.

Customer:

Do I have grounds for getting a restraining order if he is using drugs, if he has not been physically abusive in a month or so.

LADY LAWYER :

Not for the drug use (although you could call and have the police come over and arrest him while he is doing the drugs) but for the physical abuse, definitely.

LADY LAWYER :

You just have to fill out an affidavit saying that he has been abusive to you and that you are in imminent fear or bodily harm.,

LADY LAWYER :

*of bodily harm.

LADY LAWYER :

The judge will grant or deny it within 24 hours. If it is denied, your husband will never know you tried to file it.

LADY LAWYER :

If it is denied, you can file for separation if you don't want to file for a divorce just yet. Filing for separation gives the court jurisdiciton over the two of you and will allow the judge to tell your husband he has to leave the marital home.

Customer:

OK. Thanks. Trying to figure out my options. I have no family or anyone here and not sure what to do. I don't feel I should have to leave the house when he isn't paying for anything, doing drugs & is abusive at times. I do realize that I may have to just to protect myself. I was just hoping for another option.

Customer:

You have been very helpful.

LADY LAWYER :

You are very welcome and I wish there was something easier I could suggest; however, the law takes very seriously any attempt to remove a person from their home. There are safety nets for people so their due process rights are not violated. But you have rights too and the restraining order should be pretty easy to get.

LADY LAWYER :

And of course, the most important thing is your protection.

LADY LAWYER :

So if you need to, you can go to a battered women's shelter.

LADY LAWYER :

And then ask the court later to remove your husband from the home so you can go back.

Customer:

Oh. Didn't think of that either.

Customer:

The shelter -yes, just not trying to get him removed after I left so I could go back.

LADY LAWYER :

Well, it is definitely an option. And yes, you could get him removed after you leave. Most shelters even offer free legal help.

LADY LAWYER :

I will be praying for you. Please feel free to come back to this thread at any time and ask more questions about this situation if you have them. I am always happy to follow-up at no additional charge.

LADY LAWYER :

If you have any more questions, I am happy to answer them! If this answer is responsive to your question, please accept it. That is how we are compensated and it costs you nothing further to press accept. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus but it is certainly not required. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. Thank you!


 



Customer:

Thank you.

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 3 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney