QUESTION
How can I get my alcoholic wife out of our house?
Asked on Jan 22nd, 2013 on Divorce - Michigan
More details to this question:
We have an 9 year old son. Is there a restraining order I have to get?
6 ANSWERS
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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Restraining orders (Injunctions) are meant to protect persons who believe they are in reasonable fear for their immediate safety. There's not enough information in your inquiry to determine if that would be the appropriate course of action in your situation. If you are planning on, or have already filed a Petition for Dissolution of Marriage, you can request the court to grant you temporary exclusive use of the home. Schedule a consultation with an attorney to further explore your options.
Answered on Jan 24th, 2013 at 8:30 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Generally, you can obtain an Emergency Order of Protection against an abusive spouse, if that spouse has committed physical or mental abuse, or has engaged in harassment. The procedure is to file for an Emergency Order of Protection which is usually granted the day on which it is filed. The sheriff will serve the order on the other spouse who will then be forced to leave the home. You need to hire an experienced divorce lawyer.
Answered on Jan 24th, 2013 at 8:24 PM
Unless there is violence or threats of violence involved, a restraining order is not appropriate. You can file for dissolution and ask for custody and the use of the house and for a move out order for her.
Answered on Jan 22nd, 2013 at 7:18 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you are concerned about your or your son's safety, get a restraining order with a kick out order. File for divorce.
Answered on Jan 22nd, 2013 at 7:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You'll have to foundation for divorce or separate maintenance and seek an order of the court that she should be removed from the household.
Answered on Jan 22nd, 2013 at 7:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If she is a danger to you or your child, you can ask for a protective order.
Answered on Jan 22nd, 2013 at 7:17 PM