Not wanting to get an Order of protection, any other options??

[lewismomof2]

My Divorce Lawyer suggested getting a ex parte order of protection to get my husband out of the house, but I don't feel comfortable with that. I do not feel threatened or in fear of my husband, even though the police have been called to our house before for him screaming at me. We do have children, but again I honestly do not believe that he would hurt them. My daughter has expressed that she is scared when he yells.

My husband does not have a job, a car or anywhere really to go. All he does all day is stay at home and play video games.

I want him out of my house and I am done supporting him. How can I get him to leave without an order of protection?

 

[Zigner]

You have an attorney - discuss your concerns with him (or her).

 

[Proserpina]

You have an attorney - discuss your concerns with him (or her).

Though I will say any attorney who actually suggests their client go ahead with a constructive eviction when his client does not feel afraid or threatened perhaps needs to be reminded that they do have something of an ethical responsibility here ...

... and if OP's husband gets smart, it won't be Mom's attorney suffering because of it.

 

[Zigner]

Though I will say any attorney who actually suggests their client go ahead with a constructive eviction when his client does not feel afraid or threatened perhaps needs to be reminded that they do have something of an ethical responsibility here ...

... and if OP's husband gets smart, it won't be Mom's attorney suffering because of it.

I'm not convinced that we have the totality of the matter here. That's why I suggest that the OP discuss her concerns with her attorney.

 

[Proserpina]

I'm not convinced that we have the totality of the matter here. That's why I suggest that the OP discuss her concerns with her attorney.

We rarely do and you are, of course, absolutely correct.

 

[Zigner]

We rarely do and you are, of course, absolutely correct.

Yes, as soon as hit the submit button, I realized that I was stating the obvious.

 

[LdiJ]

My Divorce Lawyer suggested getting a ex parte order of protection to get my husband out of the house, but I don't feel comfortable with that. I do not feel threatened or in fear of my husband, even though the police have been called to our house before for him screaming at me. We do have children, but again I honestly do not believe that he would hurt them. My daughter has expressed that she is scared when he yells.

My husband does not have a job, a car or anywhere really to go. All he does all day is stay at home and play video games.

I want him out of my house and I am done supporting him. How can I get him to leave without an order of protection?

You need to file for divorce or legal separation. That is the only ethical means that you have to legally force him to actually move out.

 

[PendergastAXL]

My Divorce Lawyer suggested getting a ex parte order of protection to get my husband out of the house, but I don't feel comfortable with that. I do not feel threatened or in fear of my husband, even though the police have been called to our house before for him screaming at me. We do have children, but again I honestly do not believe that he would hurt them. My daughter has expressed that she is scared when he yells.

My husband does not have a job, a car or anywhere really to go. All he does all day is stay at home and play video games.

I want him out of my house and I am done supporting him. How can I get him to leave without an order of protection?

Since you already have an attorney, I agree with the other poster who said to file for divorce/separation. That is the only way, barring an RO, that you will be able to get him out of the house. I would listen to the urgency of your daughter - she is scared of him - she might be fearing the potential violence, and the stress of this fear, THAT is child abuse on his end. Your main concern here is the safety of your children.

Best of luck to you.

 

[Silverplum]

Since you already have an attorney, I agree with the other poster who said to file for divorce/separation. That is the only way, barring an RO, that you will be able to get him out of the house. I would listen to the urgency of your daughter - she is scared of him - she might be fearing the potential violence, and the stress of this fear, THAT is child abuse on his end. Your main concern here is the safety of your children.

Best of luck to you.

You just write whatever you "think," don'tcha? You're wrong, and more than once. Stop blathering and start learning.

 

[Proserpina]

New version of older poster, folks.

From California.

Use your memories

 

[Proserpina]

Since you already have an attorney, I agree with the other poster who said to file for divorce/separation. That is the only way, barring an RO, that you will be able to get him out of the house. I would listen to the urgency of your daughter - she is scared of him - she might be fearing the potential violence, and the stress of this fear, THAT is child abuse on his end. Your main concern here is the safety of your children.

Best of luck to you.

The child gets scared when the parent yells. How, on your planet, does this equate to child abuse? You can use your state if you wish, or the OP's state. Or heck any state in the US.

 

[Just Blue]

New version of older poster, folks.

From California.

Use your memories

Ahhh...Would it be the poster that made obscene gestures as a signature?

 

[stealth2]

How old is/are the child(ren)?

And. of course, Dad being home all day could make him the primary caregiver...

 

[LdiJ]

Ahhh...Would it be the poster that made obscene gestures as a signature?

No, not that one. That one was mean. I think I know who they mean but I am not sure.