QUESTION
What can I do if my wife won't leave the house?
Asked on Jun 04th, 2013 on Child Custody - South Carolina
More details to this question:
I have filed for legal separation and custody of my 3 kids. She has filed an ex parte order of protection against me but has broken it herself many times since I was served the order. She won't leave the house, what can I do to get her out? Also, she is damaging my personal belongings and I know for a fact all my stuff is on our back patio. I need help, me and my kids are living with my mom in a small house.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You clearly need counsel and to take your issues to the Court. She will not be allowed to destroy your (actually marital) property and who staying in the house will be a decision of the judge if you cannot agree.
Answered on Jun 06th, 2013 at 2:59 AM
In response to her request, let the court know that you have the kids and should be given use of the house. Also, that she has broken the order and supply details.
Answered on Jun 06th, 2013 at 2:59 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Contact an attorney and have him file a motion for an order to show cause why she is not following the court order.
Answered on Jun 06th, 2013 at 2:58 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Schedule a temporary hearing for the judge to address those issues. I suggest you hire a lawyer.
Answered on Jun 06th, 2013 at 2:58 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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I would suggest filing a petition for temporary orders and requesting that you be awarded exclusive use of the residence. If the order of protection includes the house however, you will need to request a hearing on the order of protection to have it modified to exclude the residence. Also, if it does include the house, then you should vacate it to avoid being found in violation of the order of protection. Assuming it does not include the residence, then your recourse is to seek temporary orders.
Answered on Jun 06th, 2013 at 2:58 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, you could probably seek an Order granting you temporary relief that would possibly include the kind of relief which you want on a temporary basis and then you could move forward seeking the same relief on a permanent basis by amending your complaint, if necessary. This information shall not be applied to any specific situation, including but not limited to this situation, without prior consultation with legal counsel.
Answered on Jun 06th, 2013 at 2:50 AM