QUESTION
How do I get my husband out of the house legally?
Asked on Dec 13th, 2015 on Family Law - Florida
More details to this question:
I am a resident of Florida. I have been married for 14 years. We own a home. We have a 13 yr old son, and a dog we adore. Usual assets for a middle class family/income. My husband is verbally abusive and intimidating and it has affected my mental and physical health, and, he is starting to become more verbally abusive to our son. Last year he was arrested for hitting me, I had a temp restraining order, in court we agreed to 60 days. He came back home and, because of our son, I decided to give it one last chance. He has not been physically abusive anymore, but the verbal abuse, drinking and raging are taking a toll on us. We have no other family in the state, and nowhere to go. Funds are limited now, but will have more after Jan 1. I heard my options are, leave, or get a divorce lawyer and get him out. My son also wants him to leave and is afraid of his father. What can I do legally? How quickly? How much cost? I want him out of our house asap. Please help.
1 ANSWER
Your husband DOES NOT have to be physically abusive towards you for you to file an injunction for protection against domestic violence (restraining order). If you have a legitimate fear of him hurting you (which sounds like you do), you can file for the restraining order. Make sure to list all the applicable facts, starting with the most recent first, include the fact that you scared of him hurting you, that he has hurt you before, and that you have nowhere to go. If the injunction is granted he will have to leave the house. After you get the injunction, you can file for divorce. Below is a link to helpful forms.
http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
Answered on Dec 15th, 2015 at 6:36 AM