Can I temporarily remove my husband from our home? 2 Answers as of September 16, 2010My husband and I have been in many heated arguments recently. I want to get a divorce but cannot leave my children. He is refusing to leave the house but I have nowhere to go. I cannot leave my children. Can I legally make my husband leave so that I can be with the children?
Goldberg Jones | Zephyr Hill
Maybe. You might be able to get a Temporary Restraining Order if the fighting has risen to the level of "domestic violence". If he is not threatening you and if you are not afraid of him, this will probably not be the correct action to take, but you could then still ask the court to Order him out for the benefit of the children. IN other words, like many things in family court, it is up to the discretion of the Judge.
Answer Applies to: California