QUESTION

My mom and dad are getting a divorce, and he refuses to move out. How can she force him to move out while their separated?

Asked on Dec 19th, 2011 on Divorce - Michigan
More details to this question:
My dad is extremely abusive. He was mentally and physically abusive to me as a child. He also has abused my mother. On top of everything he refuses to move out after he was having an affair for over a year. There is no reason for him to stay there. His mom (my grandmother) owns a vacant trailer he can move into. He is staying there solely to abuse my mother.
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You asked the following: My mom and dad are getting a divorce, and he refuses to move out. How can she force him to move out while their separated?Additional Details:My dad is extremely abusive. He was mentally and physically abusive to me as a child. He also has abused my mother. On top of everything he refuses to move out after he was having an affair for over a year. There is no reason for him to stay there. His mom (my grandmother) owns a vacant trailer he can move into. He is staying there solely to abuse my mother. Your mother has several options.  First, if your dad is physically abusing her, she may call the police.  If the abuse just occurred, the police could arrest your dad for domestic violence.  If he is charged with domestic violence, the Court will normally enter a "No Contact" bond, which would require your dad to move out of the house and to have no contact with your mom.  If your dad violates the bond order, then his bond could be revoked, and he would go to jail.  Second, if you dad has physically abused your mom, she may call the police to file a report regarding past instances.  Although your dad would not be arrested immediately, the police would prepare a report and present it to the Prosecutor for consideration of charges.  If your dad is charged, then the Court would likely enter a "No Contact" provision as part of the bond. Third, if your dad has physically and/or mentally abused your mom, she could file a petition with the Court for a Personal Protection Order (PPO).  If the Court enters a PPO, it would require your dad to move and have no contact with your mom.  If he violates the PPO, the police could arrest and hold him until a hearing.  At the hearing, the Court would give him an opportunity to explain his actions, but if the Court believes he violated the PPO, he could be fined or sentenced to jail.  In Michigan, the easiest way to get a PPO is to contact the Court Clerk, who will help your mom prepare and file the papers. Fourth, if you mom has filed for divorce, her attorney could file a Motion for Exclusive Use of the Martial Home.  If the Court grants the motion, then your dad would be required to move.  Your mom does not deserve to be abused.  She has several good options that will help protect her.  If she has an attorney, then she needs to discuss these options with her attorney.  Your mom does not need a lawyer to call the police or to obtain a PPO. Stu Shafer  
Answered on Dec 20th, 2011 at 1:00 PM

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