What are my rights when separating from my husband? 15 Answers as of April 27, 2011

How do I remove my husband who is verbably and at times physically abusive. Drinks nightly hides his alchohol around the house. We have two girls 15 and 11. It is affecting our older daughter. She is now hating me, perhaps for my anger at him. We were so close. Her grades have gone from high honors to D's. I am on top of it with her school. I have met several times with the teachers, although late in the year she seems to be improving. But our home life gets worse, what can I do?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You need to hire a lawyer ASAP. With the facts you give here, request ExParte Orders and protect yourself. An ExParte Order can get your abusive husband removed from the house immediately so you can start working on your relationship with your daughter.
Answer Applies to: Texas
Replied: 4/27/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Seek counseling to try to address the issues. If that fails, have him arrested for the next physical assault and file for divorce. See if the daughter(s) will participate in counseling. Stay well.
Answer Applies to: Alabama
Replied: 4/26/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Hire a family law lawyer.
Answer Applies to: Tennessee
Replied: 4/27/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Under the circumstances, you should retain an experienced Family Law Attorney to represent you in an action for Dissolution of Marriage, and to seek child custody, child support, spousal support and attorney's fees on your behalf. If your husband's physical violence against you was recent, you should promptly seek Domestic Violence Restraining Orders against him, through your Family Law Attorney. If you prevail in your application and receive Domestic Violence Restraining Orders against your husband, he will be ordered by the Court to stay away from your residence and you (by a certain distance - usually 300 feet).
Answer Applies to: California
Replied: 4/26/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
If your husband has been physically abusive, you may be able to obtain a restraining order, which will prohibit him from contact with you, your children and your home. After you get into a safer situation, you can deal with the actual separation or divorce. I would suggest that you go to your local courthouse and meet with the family law division or coordinator regarding your situation. Simply filing for divorce or separation may not work to remove your husband from the family home.
Answer Applies to: Oregon
Replied: 4/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Divorce, legal separation and restraining orders are all actions that relate to domestic relationships. How each matter proceeds would depend on the particular facts of each case and whether allegations relevant to the case can be proven. Certainly, where abuse is alleged, a court may consider issuing a restraining order. As part of that proceeding, it can temporarily determine which party resides in the family home, temporary custody and parenting scheduled and whether any temporary support is payable. You should immediately retain legal counsel.
    Answer Applies to: Minnesota
    Replied: 4/26/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    File for divorce, move out with the children and hire a family law attorney.
    Answer Applies to: California
    Replied: 4/26/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    You will need a court order that awards you exclusive right to reside in the marital home which means that you will need to retain an attorney to begin the process for securing the initial orders (pendente lite) for support as well as for your possession of the family home which will precede the final decree of divorce.
    Answer Applies to: Virginia
    Replied: 4/26/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    If your husband is abusing you, you make seek a restraining order to have him removed from your home during the divorce proceedings. You may also seek custody based on the abuse. As your situation sounds like a hostile situation, you should seek out an attorney to assist you and guide you in this matter.
    Answer Applies to: California
    Replied: 4/26/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your rights will need to be established in a divorce case based on the facts of your situation. Generally, parental responsibilities will be allocated based on what is best for the children. It may require a parental specialist to assist the court in determining whether restrictions or conditions should be used to limit your husband's contact with the children. You can and should obtain a Civil Protection Order to keep him away from you to avoid further physical violence. You should consult an attorney in your home area to learn more about your options.
    Answer Applies to: Colorado
    Replied: 4/26/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You have a horrible situation on your hands, and you say that this is hurting your girls. You should not let this keep going; get control of it. I can help. This is too complicated to answer all of your questions over this computer bulletin board system.

    You need to know what the law is, and how it applies to your family. I can guide you and assist you.

    Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 4/26/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Not sure exactly what you are asking but if the abuse has negatively impacted the family as it appears to have done you can move for exclusive possession of the residence pending a divorce. If you wish to discuss further let us know.
    Answer Applies to: Connecticut
    Replied: 4/26/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can get an order of protection in a morning or afternoon in a court house for free kicking him out of the house.Simultaneously I wouldfile for divorce and ask for ex parte restraining orders and temporary orders keeping him away from you and the children until it is safe. Good luck.
    Answer Applies to: Washington
    Replied: 4/25/2011
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