Have Legal Questions? Ask a Lawyer Now.
DearCustomer- The sale of the house is not as important as your physical well being so if he is violent I would not go near him. The will come if called but by then it may be too late. You have just as much right to the house as your husband but until you have a court order for the exclusive use of the house it will be hard to move him and his family out.
Since you have an attorney you will be represented and your rights protected. I fully understand the importance of the open house but I cannot your safety. If you decide to go to the house and there is a problem you should leave and if there are threats then you need to call the police. It is too bad you didn't call the police at the time of the abuse and have him thrown out of the house but now that you left and he is there it will require a court order to get him out.
Well you certainly can report the incident and explain to the police that you are in fear of him at this time. If you do that I'm quite certain the police will tell you to stay away from him and the house so as not to create another problem. I doubt they will actually file charges however it is possible. The problem with waiting is that the prosecution has a more difficult time proving the case and treats it more like a revenge situation whereby you decide to file when it is convenient to get back at the individual.
Unless there were witeness it becomes a case of your word against his.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).