When drugs are a factor...

[Lyndross56]

( Maryland )

I would like to know what a friend of mine can do legally to have her husband removed from the home. I’m engaged to an officer and I know some of the legal rights, but I want to know how her husband who is addicted to crack can be removed from her home. It’s unsafe not only for her, but her children. He's been to rehab and it didn’t work. He has talked of suicide and has been verbally abusive, but not physically which makes it hard to get a peace order, from what I understand. The home was recently (few months ago) purchased by her in only her name. She's tried to make things work, but it’s to the point she can’t leave the house in fear he will steal more from her. I hope that you can steer me in the right direction, I’m really worried something terrible could come of this.

 

[HomeGuru]

( Maryland )

I would like to know what a friend of mine can do legally to have her husband removed from the home. I’m engaged to an officer and I know some of the legal rights, but I want to know how her husband who is addicted to crack can be removed from her home. It’s unsafe not only for her, but her children. He's been to rehab and it didn’t work. He has talked of suicide and has been verbally abusive, but not physically which makes it hard to get a peace order, from what I understand. The home was recently (few months ago) purchased by her in only her name. She's tried to make things work, but it’s to the point she can’t leave the house in fear he will steal more from her. I hope that you can steer me in the right direction, I’m really worried something terrible could come of this.

**A: she can have him arrested for drugs. Was that a thought?

 

[cyjeff]

There is also divorce.

 

[mistoffolees]

( Maryland )

I would like to know what a friend of mine can do legally to have her husband removed from the home. I’m engaged to an officer and I know some of the legal rights, but I want to know how her husband who is addicted to crack can be removed from her home. It’s unsafe not only for her, but her children. He's been to rehab and it didn’t work. He has talked of suicide and has been verbally abusive, but not physically which makes it hard to get a peace order, from what I understand. The home was recently (few months ago) purchased by her in only her name. She's tried to make things work, but it’s to the point she can’t leave the house in fear he will steal more from her. I hope that you can steer me in the right direction, I’m really worried something terrible could come of this.

Call Child Protective Services. Then, file for a restraining order to keep him away from the home and the children. If she can prove that he's regularly using drugs and verbally abusive to the kids, that may be sufficient.

 

[LdiJ]

Call Child Protective Services. Then, file for a restraining order to keep him away from the home and the children. If she can prove that he's regularly using drugs and verbally abusive to the kids, that may be sufficient.

Bad call Misty. Involving CPS at this point would involve HER as well...because she knows he is using. CPS would likely hold her equally culpable.

Her best bet would be to file for divorce, and try for emergency custody and emergency possession of the marital home. That may not work, but its worth a try.

This also might be one of those cases where it might be worthwhile to try to lock him out of the house. Technically she cannot do that, because its the marital home, but if he is stealing everything to get his fix, it may be a practical necessity.

However, I will give her some practical advice as well. Get everything easily hockable out of the house and into a storage unit that he doesn't know about. Find a truly safe place to hide her purse at night, and if she has family close by, leave all but the bare minimum of cash that she needs and/or one credit card, at their house, and don't tell him that she has done that. If he knows any pin numbers or passwords to access bank accounts, change them and make sure that the accounts are in her name only.

If he can't get access to money he may possibly get violent. She needs to make sure that she has a cell phone on her person, at all times.

Again, she needs to file for divorce immediately.

 

[xylene]

Bad call Misty. Involving CPS at this point would involve HER as well...because she knows he is using. CPS would likely hold her equally culpable.

There is no way she can avoid this pitfall.

If she is unfit it will come out one way or another.

I would also advise this poster to seek out the advice and counsel of a women's shelter organization.

 

[Lyndross56]

LdiJ

Thanks for your advice. I have already recommended that she start the divorce process immediately. She has actually done what you are recommending about bank accounts, money and removing any valuable personal belongings. Also like you are mentioning his demeanor has definitely changed for the worst. She has even changed the dead bolts, but technically he can break into the home, since its marital property. However, I am unsure which way she should file... I was originally thinking absolute, but again I'm not too sure. Any ideas? My main reason for posting is to see if there is something she or I might be overlooking. There are so many different ways a situation can be taken care of.

 

[mistoffolees]

Bad call Misty. Involving CPS at this point would involve HER as well...because she knows he is using. CPS would likely hold her equally culpable.

Maybe in theory.

In practice, she could tell CPS that she learned that her husband is using crack and she wants to protect the kids. It is very unlikely that CPS would find her culpable unless there's more to the story than what's given here.