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My sister is leaving an abusive relationship. Her husband is…

Customer Question
Hi my sister is...

Hi my sister is leaving an abusive relationship. Her husband is bipolar and has been involuntarily committed 3 times. The house and phone are in his name and she is being told that she has to be out by next month. She has a no contact order on him but he has been following her and she found his shootings in the snow around the house. Because everything is in his name, she is being told that she cannot change the locks on the house. Her husband claims he gave the cops his spares but she thinks he's been in the hous. He shut off her phone and forced her to give it back but there is a lot off messaging from him, sometimes 60 or more in a day. She has a court date on the 28th to begin divorce and custody hearings. In the meantime Can he be forced to give the phone back and Can she change the locks legally?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

This is in Hamilton montana

Lawyer's Assistant: Have you talked to a lawyer yet?

She has been assigned pro bono with a lawyer that just graduated, but I don't know if he is aware of this

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Her husband has been claiming that she is the one that causes his bipolar erratic activities and has made some intimations or killing her but not using that wording directly. I. Just want to find out what her immediate rights are and if there is anything more to be looking for, doing, or not doing in the interim.

Submitted: 2 months ago.Category: Family Law
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12/16/2017
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 20,595
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

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

Your Questions:

She has a court date on the 28th to begin divorce and custody hearings. In the meantime Can he be forced to give the phone back

Response 1: Yes. This can be done by filing application for a Restraining Order to prevent his access to the house and to return her phone because he holding her phone is a form of harassment and control.

and Can she change the locks legally?

Response 2: Yes through a Court Order, as part of her Application for a Restraining Order. She can ask the Court for permission to change the locks

Just want to find out what her immediate rights are and if there is anything more to be looking for, doing, or not doing in the interim.

Response 3: See my previous responses.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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