What is the name of your state (only U.S. law)? Missouri
Here's my background story. I've been married nearly 19 years. My husband is an alcoholic and mentally ill. He does not work. He has been in and out of psych hospitals this past year due to his mental illness and his drinking. I have made it clear that I no longer wish to deal with this and I want a divorce. I have asked him to please leave. He will not. Instead, he threatens suicide, cries hysterically, and then takes his bottles of pills and goes and sits out in his truck. He never actually follows through with his threat. A few times, I took him seriously and forced him to go to the ER, but finally I have just accepted that he's just trying to manipulate me and now I'm just really angry.
My question is this, how do I go about getting a court order to force him to leave? Do I need to hire an attorney? We have two children who have been upset by his behavior, but he is never threatening to them nor is he to me. The local police in my smal rural town have told me they cannot force him out of the house just because his scares the kids with his suicide threats and crazy, alcohol-induced behavior. He is only a danger to himself and apparently that is not enough for them to arrest him.
One of the officers told me to go to the county courthouse and swear out an order of protection against him and then he would have to leave except that he hasn't done anything to me so how can I get an order of protection against him? How do I prove that I am afraid of him or that he is a danger to me?
So what are my legal options here? Right now I'm flat broke and can't even afford to pay an attorney until payday. So I'm at a loss as to what to do. He is actually going off on one of his crying jags now and is out in his truck.
Thank you!
Here's my background story. I've been married nearly 19 years. My husband is an alcoholic and mentally ill. He does not work. He has been in and out of psych hospitals this past year due to his mental illness and his drinking. I have made it clear that I no longer wish to deal with this and I want a divorce. I have asked him to please leave. He will not. Instead, he threatens suicide, cries hysterically, and then takes his bottles of pills and goes and sits out in his truck. He never actually follows through with his threat. A few times, I took him seriously and forced him to go to the ER, but finally I have just accepted that he's just trying to manipulate me and now I'm just really angry.
My question is this, how do I go about getting a court order to force him to leave? Do I need to hire an attorney? We have two children who have been upset by his behavior, but he is never threatening to them nor is he to me. The local police in my smal rural town have told me they cannot force him out of the house just because his scares the kids with his suicide threats and crazy, alcohol-induced behavior. He is only a danger to himself and apparently that is not enough for them to arrest him.
One of the officers told me to go to the county courthouse and swear out an order of protection against him and then he would have to leave except that he hasn't done anything to me so how can I get an order of protection against him? How do I prove that I am afraid of him or that he is a danger to me?
So what are my legal options here? Right now I'm flat broke and can't even afford to pay an attorney until payday. So I'm at a loss as to what to do. He is actually going off on one of his crying jags now and is out in his truck.
Thank you!