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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19285
Experience:  B.A.; M.B.A.; J.D.
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My estranged wife still lives with my mother (60) in

Customer Question

My estranged wife still lives with my mother (60) in Georgia. She refuses to move out. She is psychologically abusive and neglectful. She has snatched things from my mother's hands, thrown things in her direction, and uses threatening language, tone, and body postures to intimidate her.
On one occasion she took all of my mother's food from her fridge and hid it in her yard.
Just last night she told my mother she was going to lose all of her food again. My mother retreated to the upstairs addition, where my estranged wife tries to confine her. After some time the power upstairs went out. My mother was afraid to go see why, but is certain that my estranged wife is the cause.
My mother fears for her safety. She would begin the eviction process, but is afraid of retaliation against herself or her property.
Is there any grounds for some form of emergency eviction and restraining order to protect my mother? My mother is very distraught, and we feel helpless.
Submitted: 9 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

I am sorry to read about your mother's difficulties.

Your mother should go to her local Police Station first thing in the morning and apply for a Restraining Order. Based on the information that you have provided here, she has legitimate grounds to apply for a Restraining because she is threatening her safety, withholding her food, etc. She can also be charged with assault and battery for snatching things from her hand and throwing them out. This is quite outrageous!

The Police will try to get the Judge to sign off on the Order so that the your estranged wife can be removed from the house immediately.

Best wishes,

Customer: replied 9 months ago.
Unfortunately, she has called local law enforcement on her twice. The first time the responders threatened to give them each tickets, the second they threatened to arrest them. I don't know if that has anything to do with my wife knowing and having gone to high school with the responder or not.I feel like I will have to have a specific charge to request LLE to press her with.I am going to wait on accepting your answer as satisfactory. I would like to see if anyone else has anything helpful to add. I was hoping there would be an applicable criminal charge. I did some searching for applicable elder abuse codes. I couldn't find anything, since they seem to consider an elder as 65+.I will take her to the sheriff's office Monday. If the results of that achieve getting her evicted, your response will be accepted.
Expert:  Phillips Esq. replied 9 months ago.

If you do not trust the Police, then she needs to go to Court on Monday morning and apply for a Restraining Order. She would go to the Clerk's office and request for the forms and assistance in completing the forms and having her case heard before the Judge.

As for the rating, it is ultimately up to you.

Goodluck with your case,

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