What is the name of your state (only U.S. law)? Oklahoma
I am the son. The three of us share the same house, and they are currently still married. My father has a severe alcohol problem, which has been ongoing. Recently it has gotten much much worse. He is verbally abusive to us almost on a daily basis now, including phone voicemails which have been kept where he is extremely verbally abusive to my mother. We currently all live in the same house, which is in my mothers name only. He is also verbally abuse towards myself, but almost only when I attempt to defuse the situation between my parents or defend my mother for the most part. With the exception of a fairly recent interaction in which after not speaking to him at all that day he screamed at me to come into the room he was in, and then said to me "don't you ever f*cking threaten to kill me again." Although soon afterwards he acknowledged i had not done so at any point, he then proceeded to threaten me physically (which is rare, he did used to physically assault me when I was younger, but it had been many years and never punching, I only ever recall him slapping me various times, and kicking me when I was much younger.) My mother and I have both been forced to seek various levels of treatment for anxiety and depression issues, including admitting myself briefly to a psychiatric care facility.
Due to the circumstances escalating recently my mother and myself have been forced to seek advice on to remove my father from the house as soon as possible, we have tried requesting this of him many times. He refuses. My mother works a full time job, he does not work, when she arrives home he (on most days) immediately begins harassing her. Screaming vile things at her, refusing to stop, which usually lasts until he passes out or I remove her from the room into another which has a lock. At which point, he will resort to leaving vile messages on her phone, which we have recently been saving. The most recent being him waking her up at night, standing over her shouting expletives and throwing things until she screamed for help from me to help until she could get into the spare bedroom and lock the door.
I have tried researching various sources attempting to understand our options in situations where the abuse is not physical and the people involved are not divorced but I am still unsure about our options. (The only times it has caused physical confrontations have been with my older brother, who has a "less passive" demeanor towards his drunken behavior, but at those times the physical interactions were minor and never came to full on blows. Brother now lives out of state, as the last altercation between them was more than a year ago and didn't result in any injuries for either person.)
If my mother has sole ownership of our house, is it possible to "trespass" or evict a legal spouse in the state of Oklahoma?
If the abuse is only verbal and mental, would doing so be harder or less likely to be enacted by a court?
If possible for him to be removed, how quickly can this be done given the circumstances I have previously stated?
Is it possible to trespass or evict a spouse if divorce filings have not been submitted? (the added stress of court proceedings for a divorce is preferably avoidable due to the current stress levels already on my mother and myself from the situation.)
Would them getting a divorce be necessary at any point in order to ensure he is kept away? (Again, unless he files for divorce instead of her, we would prefer to avoid the stress of that situation all together as she is not interested in seeking financial support from him anyway.)
Also any other legal advice is appreciated. This is extremely difficult to ask help for or to talk about even to strangers, my father when sober is a completely different person, but sadly him sober is something quite rare now. He has refused all help or suggestions of treatment and every other attempt to help him by his family members has failed. Due to the current financial situation of our household my mother and I are unable to secure an alternate living arrangement without moving in with my sister, who is married with 2 young children. My father, despite not being employed, does have the financial resources to obtain alternate living arrangements however.
We have considered many options to remove ourselves from the situation instead, but as we have beloved pets a lot of cheaper housing options are off the table as they would not be allowed. We have also considered living out of a car at least briefly, but again would be difficult with pets and would make it difficult for her to maintain her job for obvious reasons. Outside of my sister, we have no nearby relatives we could ask help in this regard from.
Any help in explaining our legal options to remove a spouse from a residence by the owner in Oklahoma, is greatly appreciated. If it is even possible. Thanks in advance for any help.
I am the son. The three of us share the same house, and they are currently still married. My father has a severe alcohol problem, which has been ongoing. Recently it has gotten much much worse. He is verbally abusive to us almost on a daily basis now, including phone voicemails which have been kept where he is extremely verbally abusive to my mother. We currently all live in the same house, which is in my mothers name only. He is also verbally abuse towards myself, but almost only when I attempt to defuse the situation between my parents or defend my mother for the most part. With the exception of a fairly recent interaction in which after not speaking to him at all that day he screamed at me to come into the room he was in, and then said to me "don't you ever f*cking threaten to kill me again." Although soon afterwards he acknowledged i had not done so at any point, he then proceeded to threaten me physically (which is rare, he did used to physically assault me when I was younger, but it had been many years and never punching, I only ever recall him slapping me various times, and kicking me when I was much younger.) My mother and I have both been forced to seek various levels of treatment for anxiety and depression issues, including admitting myself briefly to a psychiatric care facility.
Due to the circumstances escalating recently my mother and myself have been forced to seek advice on to remove my father from the house as soon as possible, we have tried requesting this of him many times. He refuses. My mother works a full time job, he does not work, when she arrives home he (on most days) immediately begins harassing her. Screaming vile things at her, refusing to stop, which usually lasts until he passes out or I remove her from the room into another which has a lock. At which point, he will resort to leaving vile messages on her phone, which we have recently been saving. The most recent being him waking her up at night, standing over her shouting expletives and throwing things until she screamed for help from me to help until she could get into the spare bedroom and lock the door.
I have tried researching various sources attempting to understand our options in situations where the abuse is not physical and the people involved are not divorced but I am still unsure about our options. (The only times it has caused physical confrontations have been with my older brother, who has a "less passive" demeanor towards his drunken behavior, but at those times the physical interactions were minor and never came to full on blows. Brother now lives out of state, as the last altercation between them was more than a year ago and didn't result in any injuries for either person.)
If my mother has sole ownership of our house, is it possible to "trespass" or evict a legal spouse in the state of Oklahoma?
If the abuse is only verbal and mental, would doing so be harder or less likely to be enacted by a court?
If possible for him to be removed, how quickly can this be done given the circumstances I have previously stated?
Is it possible to trespass or evict a spouse if divorce filings have not been submitted? (the added stress of court proceedings for a divorce is preferably avoidable due to the current stress levels already on my mother and myself from the situation.)
Would them getting a divorce be necessary at any point in order to ensure he is kept away? (Again, unless he files for divorce instead of her, we would prefer to avoid the stress of that situation all together as she is not interested in seeking financial support from him anyway.)
Also any other legal advice is appreciated. This is extremely difficult to ask help for or to talk about even to strangers, my father when sober is a completely different person, but sadly him sober is something quite rare now. He has refused all help or suggestions of treatment and every other attempt to help him by his family members has failed. Due to the current financial situation of our household my mother and I are unable to secure an alternate living arrangement without moving in with my sister, who is married with 2 young children. My father, despite not being employed, does have the financial resources to obtain alternate living arrangements however.
We have considered many options to remove ourselves from the situation instead, but as we have beloved pets a lot of cheaper housing options are off the table as they would not be allowed. We have also considered living out of a car at least briefly, but again would be difficult with pets and would make it difficult for her to maintain her job for obvious reasons. Outside of my sister, we have no nearby relatives we could ask help in this regard from.
Any help in explaining our legal options to remove a spouse from a residence by the owner in Oklahoma, is greatly appreciated. If it is even possible. Thanks in advance for any help.
