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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My wife filed a domestic disturbance against me and now I have

Customer Question

My wife filed a domestic disturbance against me and now I have to appear in court to tell my side of the story. Our argument was heated, but I never hit her nor did anything that broke the law. We have been trying to negotiate a divorce and I know she is doing this to bust my chops to try and further her case. Because we will be in family court together, is there any chance I can ask the judge for a judicial separation or somehow have the judge remove her from the house I own while we try to come to some sort of agreement for a divorce? Even though we are still married, she has been dating other guys and she suffers from depression. Is there anyway I can go about proving to the judge that she should be asked to leave our house?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.
Hi

In a domestic dispute, you cannot bring up a divorce matter. However, if you feel that she is a threat to your personal well being is going to harm you, you can request a restraining order. That would get her out of the house until the Domestic dispute is resolved at least

But as to a divorce and having her removed, you need to file for the divorce and then request temporary use and possession of the home until the divorce is resolved.
Customer: replied 5 years ago.
When I appear in court and I allowed to bring up her depression and get corroborating statement from other people to prove how unstable she is?
Customer: replied 5 years ago.
When I appear in court am I allowed to bring up her depression and get corroborating statement from other people to prove how unstable she is?
Expert:  Samuel II replied 5 years ago.
Hi

Yes, you may bring up her medical mental state. But I suggest you have medical documentation. Witnesses who may have seen her actions first hand would be allowed. But unless they are her medical doctor or a medical expert in the mental health area, they cannot say she is depressed.
Samuel II and 3 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
I have an e-mail from her that she sent to my mom and in that e-mail she states, "I have suffered from depression my entire life". Can this be used in a courtroom?

Also,the person who runs the local depression clinic, although she is not a medical expert, she helps treat people with depression. Can, I get a statement from her to use against my wife in court?
Customer: replied 5 years ago.
I have an e-mail from her that she sent to my mom and in that e-mail she states, "I have suffered from depression my entire life". Can this be used in a courtroom?

Also,the person who runs the local depression clinic, although she is not a medical expert, she helps treat people with depression. Can, I get a statement from her to use against my wife in court?
Expert:  Samuel II replied 5 years ago.
Hi

Yes, you can use that email, as long as you can show that it came directly from her and that no one altered the contents.