Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I mved backed to my marital home yesterday. My husband was

not thrilled of course and...
I mved backed to my marital home yesterday. My husband was not thrilled of course and invited his father, step-mother, and a neighbor over. All of whom hate me and literally set up plan after plan to make it look like I was doing hings wrong, hurting them, etc. Can I get restraining orders on all of them due to their threats, yes some physical, some vy verbal, in order to keep them from the property. My father in law may be a partical deed holder although I went to the tax office yesterday and the certified copy I recieved did not say that and my husband has the mortgage in his name. Would that still give him rights to the property?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 16 minutes by:
12/29/2012
Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
Verified

Floridalegalanswer :

Hi there!

Floridalegalanswer :

As far as the restraining order is concerned, I will provide you a link to the SC law for Domestic Abuse and Harassment and Stalking.

Floridalegalanswer :

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CivilP.htm

Floridalegalanswer :

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CivilQ.htm

Floridalegalanswer :

The links explain what is required to obtain a restraining order under the SC laws.

Floridalegalanswer :

For harassment and stalking you will have to prove the following: d. At the hearing, the plaintiff must prove by a preponderance of the evidence that the defendant has been engaged in harassment or stalking.

Floridalegalanswer :

For Domestic Abuse, essentially, among other things, you would have to prove that an act of abuse occurred.

Floridalegalanswer :

At the hearing, you can request that you be granted the exclusive use of the marital home.

Floridalegalanswer :

As far as the deed and home ownership is concerned, if the Father in Law is a partial deed owner, then he would be entitled to use of the property. If he is not on the deed, he would not have any rights to the property. The mortgage is the liability (debt) associated with the property, it does not give ownership rights. For example, you can be obligated to pay the mortgage and if you are not on the Deed, then you have no ownership interest in the property. Only a person on the Deed has an ownership interest.

Floridalegalanswer :

Likewise, you could be only on the Deed and not on the Mortgage. In this example, you would have an ownership interest in the property but you would not be liable for the Mortgage debt associated with the property.

Floridalegalanswer :

Please let me know if you have any follow up questions for me. Otherwise, please ACCEPT and RATE my answer. Thank you.

Customer:

I'm sure the police report will state the aggitation throughout the house. I did not stay. My husband is, according to the county, the only deed holder, I checked yesterday. My father in law is saying it is only in the event of his death but the certified copy I received did not state such so police said we would have to take it up with the court. I would have to everything pro se due to finances. I can't even find the proper form to file a hearing. However, even as the deed holder, I restraining order would keep him away at least temporarily. He is saying he will evict BOTH my husband and I. Then it will no longer be a marital home, then my husband can return. If my husband is a deed holder, even partial, it would for sure stay a marital home correct?

Floridalegalanswer :

Did your Husband obtain the Deed during your Marriage or prior to your Marriage?

Customer:

Prior to my marriage. I am trying to save my marriage. He is very passive and his family controls him. he only talks with me if they are not around.

Floridalegalanswer :

Okay. Property acquired prior to Marriage is generally Separate, non-marital property. However, if the property was used for the benefit of the marriage or shared with a spouse, then, it can become marital property. So, you will likely have a very good claim that you should be entitled to a portion of the marital home.

Floridalegalanswer :

In the meantime, you can request that you be awarded use of the Home on a temporary basis until the case gets finalized and the rights of the property are determined by the Court.

Customer:

Yes section 20-3-630. The police agreed and i was easily alowed back in the home. But so was my husbands family bc my husband invited them. By law even though they were setting me up, in front of the police, and saying awful things, they could not ask them to leave... a destraining order would stop that correct. Especially bc I definitely would have feared for my life if I stayed?

Floridalegalanswer :

Yes, a restraining order would prevent them from going near you or the property.

Floridalegalanswer :

If they violated a restraining order, they can be arrested.

Customer:

I don't want the home. I want to purposely be there WITH my husband so e have no choice to communicate. I am going through a marriage fitness course now, etc. I just don't want "everyone" else there.

Floridalegalanswer :

I can certainly understand that. Perhaps, you could convince your Husband to go to a Marriage Counselor to try to save the marriage?

Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
Verified
Floridalegalanswer and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Floridalegalanswer Your Own Question
Floridalegalanswer
Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
427 Satisfied Customers
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law

Floridalegalanswer 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
1,779 satisfied customers
Representing myself Pro-Se. On Dec 29th I filed a motion
Representing myself Pro-Se. On Dec 29th I filed a motion Concerning Parenting Time Disputes. Not thinking, I included as one of my bullets to be considered by the court, "I request an order scheduling… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
I have a friend who is in jail for domestic abuse. The bond
I have a friend who is in jail for domestic abuse. The bond is set at $70,000. If he cannot be bonded out, do you know how long approximately they will keep him in jail till they released him?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 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
241 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
This is for a FL divorce lawyer: We are filing pro-se the
Hi, this is for a FL divorce lawyer:We are filing pro-se the forms for an Uncontested divorce with no children or property. The question is, on the form entitled "PETITION FOR DISSOLUTION OF MARRIAGE … read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
My pro se points are due in just a few short hours, on an
My pro se points are due in just a few short hours, on an appeal. I need help ASAP. I live in arkansas. i have valid points of reversal. i need help writing this out, i have the breif report and my no… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
28,157 satisfied customers
Only please: Is there any case law which awards Pro Se
This question is for Ray only please:Is there any case law which awards Pro Se representative $/hour of the pro se's time. This is because of the cannibalized work income. In cases *(such as my NJ Fam… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 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
56,297 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
10,717 satisfied customers
I am a Pro Se defendant in a divorce case. We were married
I am a Pro Se defendant in a divorce case. We were married 32 years. We have three adult children 29, 28, 22. I go before the judge on Friday for a pendante lite motion. During the marriage, the past … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 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
3,537 satisfied customers
I'm trying to find the pro se form for a petition to
I'm trying to find the pro se form for a petition to domesticate a foreign judgment from Florida to Georgia … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am in Pro Se status and have been filing motions with the
I am in Pro Se status and have been filing motions with the court. Opposing counsel just contacted me saying she has filed a notice of absence from this week and that I should not contact her anymore.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
A defendant, in a case I am the pro se plaintiff, answered
A defendant, in a case I am the pro se plaintiff, answered my Admissions by Admitting what I need to prove. She is only one of many defendants, but her Admission is the most significant since it invol… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I'm a pro se in a divorce and we are coming to formal
I'm a pro se in a divorce and we are coming to formal discovery phase. My husband's attorney filed her timesheet a few months back and in it, it mentions that she billed my husband for drafting an aff… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Restraining order for harrassment. Mother of my child wanted
restraining order for harrassment. Mother of my child wanted me to return my son early for her graduation. On that date we got into a verbal altercation then 4 days later she filed a harrassment restr… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 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