<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tannham33:
My sister is married with 2 kids. She and the kids has had to leave home due to his getting drunk and busting her lip. She called the cops to come out and make a report but was told to come in the next morning and take out assault charges. Can she have him removed so she and the kids can go home until the divorce is settled. She has been a home make since the marriage and is not employed and no where to go and no money to stay anywhere. What are the laws concerning who gets to stay in the home( now)and if he will have to continue payment on the house, pay child support, etc. <HR></BLOCKQUOTE>
My response:
In this order:
1. Make the police report, and have him arrested and removed.
2. Immediately, take the copy of the police report to the criminal court house.
3. See the Clerk at the filing window.
4. Ask for the forms for a Temporary Restraining Order. Fill them out with GRAPHIC DETAIL, using dates and times. Attach the copy of the Police Report.
5. Give the filled in forms back to the Clerk for filing. The Clerk will tell you which courtroom to go to for an IMMEDIATE hearing.
6. Tell your story to the judge (the judge will also have the papers you just filled out).
7. The judge will, most assuredly, grant the Temp Restraining Order, and set a date for a new hearing so both sides can be heard on the issue.
8. The courtroom clerk will give you your papers with the new Court hearing date.
9. You will now go the the Sheriff's office and give the Deputy the TRO papers. You will fill out "Service of Process" instructions for the Deputy. The Deputy will them have those papers served on the boyfriend/husband (I can't recall at this moment).
10. The TRO, when served on him, will instruct him to stay away from you, and to stay out of the family home. If he violates these orders, he can be arrested upon your calling the Police.
11. Everyone shows up on the appointed date and time back at the courthouse for a full blown hearing to determine whether or not the TRO should be made PERMANENT.
12. See an Attorney. File for Divorce.
IAAL
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