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  #1  
Old 05-11-2006, 09:28 AM
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Join Date: May 2006
Posts: 1

Help I'm Stuck


Hi, i'm from Texas and I am worried about my sister she married a con by proxy while he was in prison. Now he has been out a little over a year He won't hold a job he does drugs and brings other druggies into the house. I know that doesn't sound like much but she has two kids they are 5 and 9Yrs old. She has repeatadly acked him to leave he says he will leave when he gets good and ready. She changed the locks when he was off on one of his benders, He broke back into the house and called her to ask what she wanted layed out for dinner. He checked himself into rehab on monday and back out on wednesday. Here is the problem in Texas you cannot file for a restaining order until you file for a divorce, But you cannot file for a divorce as long as you live in the same house, and the police will not make him leave until she get the rstraining order. She cannot afford to leave with the kids and our house is filled to the max or she would be able to come here. My question is how does she get out? She should not have to live like this just because she was taken in by a smooth talker it is not fair to her or her kids.
  #2  
Old 05-11-2006, 09:41 AM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by jeni
Hi, i'm from Texas and I am worried about my sister she married a con by proxy while he was in prison. Now he has been out a little over a year He won't hold a job he does drugs and brings other druggies into the house. I know that doesn't sound like much but she has two kids they are 5 and 9Yrs old. She has repeatadly acked him to leave he says he will leave when he gets good and ready. She changed the locks when he was off on one of his benders, He broke back into the house and called her to ask what she wanted layed out for dinner. He checked himself into rehab on monday and back out on wednesday. Here is the problem in Texas you cannot file for a restaining order until you file for a divorce, But you cannot file for a divorce as long as you live in the same house, and the police will not make him leave until she get the rstraining order. She cannot afford to leave with the kids and our house is filled to the max or she would be able to come here. My question is how does she get out? She should not have to live like this just because she was taken in by a smooth talker it is not fair to her or her kids.

My question would be, why are you concerned with this?

Your sister apparently is not concerned about this or she would've hired a lawyer.
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  #3  
Old 05-11-2006, 09:51 AM
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Join Date: Jul 2004
Posts: 17,799
SHe can still make police reports for what ever crimes are happening. She can contact his parole officer, then he will be living elsewhere.
Your sister should contact a battered woman's hotline for referals, legal aid or retain an attorney.
Someone is not getting all the correct information.
[url]http://library.law.smu.edu/resguide/divorce.htm[/url]
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  #4  
Old 05-11-2006, 10:05 AM
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Join Date: May 2005
Posts: 7,062
Quote:
Originally Posted by jeni
Hi, i'm from Texas and I am worried about my sister she married a con by proxy while he was in prison. Now he has been out a little over a year He won't hold a job he does drugs and brings other druggies into the house. I know that doesn't sound like much but she has two kids they are 5 and 9Yrs old. She has repeatadly acked him to leave he says he will leave when he gets good and ready. She changed the locks when he was off on one of his benders, He broke back into the house and called her to ask what she wanted layed out for dinner. He checked himself into rehab on monday and back out on wednesday. Here is the problem in Texas you cannot file for a restaining order until you file for a divorce, But you cannot file for a divorce as long as you live in the same house, and the police will not make him leave until she get the rstraining order. She cannot afford to leave with the kids and our house is filled to the max or she would be able to come here. My question is how does she get out? She should not have to live like this just because she was taken in by a smooth talker it is not fair to her or her kids.
Your sister really needs to start talking to people that know what the correct answers are. Many times both parties continue to live in the same house until AFTER the divorce papers are filed and the judge decides which one gets to stay and which one has to go during the proceedings.

Same thing with the RO. The woman's center that I volunteer with, will assist an abused spouse obtain a restraining ordrer. 99% of the time, there is not a pending divorce.
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  #5  
Old 05-11-2006, 11:37 AM
AHA AHA is offline
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Join Date: Mar 2004
Posts: 4,258
Quote:
Originally Posted by jeni
He checked himself into rehab on monday and back out on wednesday.
TWO DAYS!!!!!!!! What the hell kind of unprofessional rehab is that?????????
  #6  
Old 05-11-2006, 02:17 PM
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Join Date: Jul 2005
Location: Massachusetts
Posts: 14,026
Quote:
Originally Posted by AHA
TWO DAYS!!!!!!!! What the hell kind of unprofessional rehab is that?????????

He checked himself in...he can check himself out...
  #7  
Old 05-11-2006, 03:17 PM
AHA AHA is offline
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Join Date: Mar 2004
Posts: 4,258
Quote:
Originally Posted by baystategirl
He checked himself in...he can check himself out...
Well, that makes him a mouse, not a man.
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