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I live in Georgia and I am wondering what my rights are in

a domestic dispute if I...
I live in Georgia and I am wondering what my rights are in a domestic dispute if I leave my husband and our house to get away from him? Can I come back to get my belongings if I leave the house that is in both our names? He was arrested last night for a DUI and I am concerned about my safety when he returns home. I do not have any close friends here that I can go to. I want to make sure if I do leave our residence that I will be able to return without facing any problems getting the rest of my things. If I stand my ground here can I make him leave legally if I am threatened?

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Answered in 6 minutes by:
5/24/2013
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,714
Experience: 25 years of experience helping people like you.
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*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Welcome,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

If you move out of your house, you may be required to obtain a court order to obtain your possessions. It typically is best to prevent him from returning.

Since you are concerned about your safety, you may consider obtaining a family violence protection order based on fear of physical harm. This will prevent your husband from being able to return to the home.

You will need to go to the local courthouse to obtain the FVPO. The clerk will give you the forms and assist you. The judge will immediately sign the FVPO if the forms on their face appear that you are in reasonable fear of harm

There will be a hearing at a later date to extend the FVPO. If he violates the order and appears at your home, you may have him immediately arrested.

Here is an explanation of requirements and procedures to obtain a FVPO:
http://www.georgialegalaid.org/files/6FCBD72D-B465-109D-9EC1-5A4F52A74EE9/attachments/A902A5CA-9203-D324-12C5-6ABAD914BC37/self-help-tpo-manual-upd-feb-2011.pdf

I would be glad to respond to any related follow-up questions that you may have.
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,714
Experience: 25 years of experience helping people like you.
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Ellen
Ellen
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Category: Family Law
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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).

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