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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16264
Experience:  Licensed experienced Attorney
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I worked out of town for two months come back to wife in

Customer Question

I worked out of town for two months come back to wife in jail for failure to appear on traffic it was 1300.00 cash bond I got her out an she hasn't been home in a week I rewinded my security camera and a another man picked her up a ten at night brought her back 4:00pm the next day it shows him slapping her on butt and her kissing him now after a week she said she is going to make me leave the house with the police we have a 17 year old daughter that I've been taking care of and I changed the locks can she make me and our daughter leave
Submitted: 2 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 2 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Why did you change the locks?

Did you obtain court order to change the locks and to lockout the wife out of the marital property?

Customer: replied 2 months ago.
No court order she takes my stuff with her or tears it up she is bipolar she already to my truck that has no insurance or license she don't have a drivers license
Expert:  Alex J. Esq. replied 2 months ago.

Thank you for your follow up.

Did your wife make any type of a report against you to the police?

How is she stating she is going to kick you out of marital home?

Customer: replied 2 months ago.
She says she can bring them here an they will make me leave for 48 hours or more
Expert:  Alex J. Esq. replied 2 months ago.

Thank you for your follow up.

Unfortunately, generally, both spouses would have equal rights to the use of the marital property and one spouse cannot legally lock the other spouse out, without some type of a court order giving sole possession of the marital home to one spouse.

So, if the wife call police and asks to be given access back to the marital home, then police will in fact let the wife back in and would also require for the husband to provide the wife with the keys to new locks in the marital home.

Unfortunately, in some cases, spouses decide to make false claims of some type of domestic violence against other spouse in order to gain sole possession of marital home, since if the restraining order is granted, then the spouse accused of domestic violence and who is subject to the restraining order, would have to stay away from the other spouse's home and place of work, for as long as, the restraining order is active.

So, generally in a similar situation, it is important to consult and retain an experienced local family law attorney and to have this local attorney address all of the issues with your wife and the local attorney can make sure that your legal and parental rights are adequately protected.

You can find an experienced and skilled local family law attorney by using this established and reputable attorney information / referral websites:
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to family law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.
I wish you the best of luck!

Expert:  Alex J. Esq. replied 2 months ago.
Expert:  Alex J. Esq. replied 1 month ago.

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