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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My brothers wife is accusing him of physical abuse, in an

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My brother's wife is accusing him of physical abuse, in an incident that took place 3 years ago. The incident involved her throwing things and screaming at him and he in return grabbed her by the shoulders and told her to calm down. According to my brother that was the extent of it. Now she is filing an order of protection against him (after be in the psych ward for 8 days). What is the danger or the worse case scenario that could happen at the hearing?

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

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I am sorry to hear about this matter for your brother.

Is this part of a divorce?
Customer: replied 4 years ago.

I believe that will be the ultimate outcome, but as of now no papers have been filed for divorce.


Ok, well an exparte is generally not granted based on an incident of 3 years ago.

I suggest there would have to be a more recent incident - so unless she lies, I don't see an exparte being issued.

Now, she can file for divorce and then have the court grant her temporay use and possession of the home and that will mean he will have to leave.

If, by chance, the ex parte is granted - then he will have to appear at a hearing and show cause as to why it should not be made permanent and, of course, he will explain he is not a threat to her. Does not want to do her any harm and that the basis for this request is really retalitory because they are separated and contemplating a divorce
Customer: replied 4 years ago.

Thank you for that information. Her recent psych ward stay, came as a surprise to him, but his insurance covered the cost. He said that he had no idea that anything was wrong with her. I visited them at the end of June, 3 days prior to her hospitalization and did not notice anything out of the ordinary with her. In your opinion is this just her way to end the marriage and do all the harm she can to my brother? She has already emptied their bank account.


It appears she is out to do as much harm as possible, from what you are telling me.

If she has a mental health issue then her motiviation is anyone's guess.
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