QUESTION
How can I have my wife arrested and kicked out of the house?
Asked on Apr 22nd, 2013 on Divorce - California
More details to this question:
My wife hit me last night. I called the police this morning but they wouldn't do anything. They told me to get a restraining order but they wouldn't arrest her. How can I get her arrested and taken from the house?
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It does not look like the authorities want to arrest her. So you should seek a temporary restraining order and injunction. Go down to the clerk of court in your county and tell them you want to seek such an Order. They will give you a form or a suggestion, and probably set you up with a court commissioner who will, hopefully, sign the TRO.
Answered on Apr 24th, 2013 at 4:31 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If the police do not believe there is enough probable cause for an arrest, you cannot have her arrested. You can however obtain an order of protection from any municipal, justice or superior court and ask that you be given exclusive use of the marital residence.
Answered on Apr 24th, 2013 at 4:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Clearly you have tried and failed to have her arrested, which is a matter of the police officers discretion. Your next move would be to go to the court and to ask for an order to remove her from the home most probably as part of a complaint for either divorce or separate maintenance.
Answered on Apr 24th, 2013 at 4:30 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Get a restraining order and if she hits you again she will be arrested.
Answered on Apr 24th, 2013 at 4:30 PM
Glen Edward Ashman
Do exactly what the police told you to do (preferably with a lawyer).
Answered on Apr 24th, 2013 at 4:30 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to go to court and file for a restraining order and ask for a removal from residence order. Do not wait as waiting affects your credibility.
Answered on Apr 24th, 2013 at 4:29 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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If you are truly fearful of your wife, then meet with an attorney (or family law facilitator at the local courthouse) and fill out the paperwork for a temporary restraining order. If you are just pissed off at her, which sounds more like what you are experiencing, then file for divorce.
Answered on Apr 24th, 2013 at 4:29 PM