Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Can I legally make my husband leave the house?

Do I have any grounds...
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.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
2/1/2012
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified

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

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.

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.

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

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

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.

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.

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

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

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. 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.

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.

Customer :
Thank you.

LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified
LADY LAWYER and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask LADY LAWYER Your Own Question
LADY LAWYER
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
6,536 Satisfied Customers
Experience: Family Law Attorney

LADY LAWYER is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My partner put a temporary restraining order on my soon to
My partner put a temporary restraining order on my soon to be ex husband , I got subpeona to appear at their hearing, I don't have a lawyer I had an adulterous affair. What is my rights? Can I plead t… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
In 2013 my ex-wife refused to obey a restraining order and
In 2013 my ex-wife refused to obey a restraining order and was in violation. The Guardian Ad Litem and the Visitation center both wrote letters indicating that my ex-wife was not in compliance of the … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I have a restraining order against my ex husband. These
I have a restraining order against my ex husband. These orders come with monitored visitation. 2 hours on Wednesdays and 4 hours on Saturdays and he is allow a minimum of 2 FaceTime calls per week. He… read more
Sue
Sue
Juris Doctorate
244 satisfied customers
CIVIL RESTRAINT AGRERMENT VS RESTRAINING ORDER What are the
CIVIL RESTRAINT AGRERMENT VS RESTRAINING ORDER What are the pros and cons of a civil restraint agreement versus a restraining order in New Jersey. Specifically, how they relate to background checks, t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
When there's no physical abuse; how difficult is it to prove
When there's no physical abuse; how difficult is it to prove the current custody is not in the best interest of the child? What constitutes "best interest"? I'm desperate to help my husband get custod… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I am the responded of a restraining order, the petitioner
I am the responded of a restraining order, the petitioner frequently violates the order by calling, texting, and showing up at my house. I have legal full custody of our mutual children and I want to … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
My boyfriends x got a restraining order on him with the
My boyfriends x got a restraining order on him with the bases she was pregant. She lied on the info we gave the judge. We got the restraing dropped because she sent fake ultra sound. My boyfriend and … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
My ex and son lied to get restraining order on my bf last
My ex and son lied to get restraining order on my bf last year to break us up. Ex found out we are still talking so he renewed it two weeks ago. Need help fighting this. Bf can't fly bc of health. I'm… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it possible to file a restraining order against my
Is it possible to file a restraining order against my ex-boyfriend even though we have a child together? … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Is it a waste of time appealing a restraining order Renewal
Is it a waste of time appealing a restraining order Renewal in California, Contra Costa county?I am going through a divorce, my X came to my house 7 times and I had to call the cops on her 7 times and… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,545 satisfied customers
How do i get restraining order to get wife out of my
how do i get restraining order to get wife out of my separate property home? when she gets served the notice to attend hearing in 30 days she will scratch herself and call police saying I did it… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I need to file a restraining order against my former
I need to file a restraining order against my former companion of 15 years who is due into his court hearing on Nov 3. He is on his 3rd DUI and is verbally but not so often physically abusive to me. H… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
472 satisfied customers
In CA Divorce how can a restraining order stop my husband
In CA Divorce how can a restraining order stop my husband from selling his property , what form would I need? divorce case the court has jurisdiction, then you ask for an order preventing him from sel… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Just wondering on who can report a restraining order
Just wondering on who can report a restraining order violation. My sister has one on her ex-boyfriend due to physical abuse. Currently she is allowing him to violate the restraining order and has lost… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Is the restraining order still in effect IF the one who took
is the restraining order still in effect IF the one who took it out is the one who breaks it? this is n.y.st. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
My highly narcissistic and physically abusive for 11 years
My highly narcissistic and physically abusive for 11 years ex (non-custodial parent) lives 2 hours away, we meet at a half way point to exchange the children every other weekend.My youngest has a band… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it possible to file a restraining order to keep a 5 year
Is it possible to file a restraining order to keep a 5 year old from spending time with her disabled father who wants to put her on a four wheeler which I feel is compromising her safety? I feel it is… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am going through a divorce and have a restraining order
I am going through a divorce and have a restraining order against my husband. He is trying to stall the divorce listing my dropping the domestic violence charge as a condition of the divorce. Is this … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x