DV situation

[Proserpina]

Not if they are married. She can't evict him then.

I beg your pardon.

"She can petition the court for exclusive use of the marital home. Of course there's a chance she will be denied, but she may succeed. We have seen it happen".

 

[Zigner]

I beg your pardon.

"She can petition the court for exclusive use of the marital home. Of course there's a chance she will be denied, but she may succeed. We have seen it happen".

To be fair, those are two entirely different processes.

 

[Proserpina]

To be fair, those are two entirely different processes.

Yes, two separate processes. There's at least one more, too - and all of them end up with the same result.

 

[CdwJava]

Of course there are ways to get a husband and co-owner out of the home. These are orders of the court. A restraining order or protective order ordering his departure, a court order as part of a separation or divorce decree, and possibly one or two others. But, an "eviction" would not be one of those options.

But, if mom is not willing to report anything to the police, it is doubtful that she is going to take the extra step of hiring an attorney or seeking assistance in filing for separation or divorce, or even petitioning for a TRO.

 

[Bali Hai]

What is the name of your state (only U.S. law)? General

I know 3rd party questions are frowned upon but please forgive me.

A teenage boy has been Physically assaulted/threatened by his father. Mom trying to keep the peace is trying to figure out what to do. Nothing has been reported yet, she knows he needs to leave the house. Dad is in the position to make good on his threats. Mom wants him gone but is afraid of what dad will do when he is kicked out. It wouldn't be hard to get a restraining order but mom is worried about dad not respecting restraining order. Money is not an issue. More concerned for safety of mom and kids.

Suggestions?

Has the teenage boy been sniffing glue or paint or worse and gone spastic? More detail about why the father has gone ballistic on the teenage son may be helpful. Is it the kid who needs a restraining order? This is reality folks.

 

[Newlydivmomto4]

Thank you everyone for your replies. Mom called dad at his office and told him he needed to leave the house. He is moving out now.

In response to the is the kid a problem child aka glue sniffer etc, no he isn't. He is about to graduate with a full ride sports scholarship to a private college. Is he a mouthy teen? Probably.

 

[stealth2]

I hope Mom realizes that Dad can move back in at any time if there is no court order keeping him out.

 

[CdwJava]

I hope Mom realizes that Dad can move back in at any time if there is no court order keeping him out.

Yep! And, odds are, he'll make nice, they'll reconcile, and he'll be back in short order anyway.

 

[stealth2]

Yep! And, odds are, he'll make nice, they'll reconcile, and he'll be back in short order anyway.

Wouldn't surprise me at all.