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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I have left my husband due to physical abuse. We are currently

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I have left my husband due to physical abuse. We are currently trying to short sale our home. I have been going there several times a week to get my things and to do cleaning for the open house that we are to have tomorrow. He is really mad at me right now because I moved some of his things that were on the counter. He says I can't come there tomorrow. He has also moved his brother and family in to our home. What should I do if there is a problem when I get to the house? Also can he just move his brother in to our house?

DearCustomer- The sale of the house is not as important as your physical well being so if he is violent I would not go near him. The will come if called but by then it may be too late. You have just as much right to the house as your husband but until you have a court order for the exclusive use of the house it will be hard to move him and his family out.


Since you have an attorney you will be represented and your rights protected. I fully understand the importance of the open house but I cannot your safety. If you decide to go to the house and there is a problem you should leave and if there are threats then you need to call the police. It is too bad you didn't call the police at the time of the abuse and have him thrown out of the house but now that you left and he is there it will require a court order to get him out.


Dave Kennett

Customer: replied 7 years ago.
is there a time limit to press charges because of his hitting me and wrecking my back in July? I have pictures of the bruises and went to the doctor . He recommended that I report this incident.

Well you certainly can report the incident and explain to the police that you are in fear of him at this time. If you do that I'm quite certain the police will tell you to stay away from him and the house so as not to create another problem. I doubt they will actually file charges however it is possible. The problem with waiting is that the prosecution has a more difficult time proving the case and treats it more like a revenge situation whereby you decide to file when it is convenient to get back at the individual.


Unless there were witeness it becomes a case of your word against his.



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