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Can I have my husband removed from my home if we are not divorced?

Cincinnati, OH |

I have been married for 10 years to a man that has a serious Marijuana problem which causes him to be very verbally abusive and accuses me of bazaar things. He involves my son in our issues which is very unacceptable. I can no longer subject our child to his outbursts and verbal abuse. What can I do?

Attorney Answers 3


  1. Consult a local attorney as to whether the "outbursts" rise to the level to make a civil domestic violence action. If so, it may be possible to obtain a protective order. Otherwise, you would need to file for divorce or separation and petition for the beneficial use of the residence. This second option is not immediate and would likely take several weeks before the Court would make a ruling.

    IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: piperlawoffice@gmail.com.


  2. You need to seek a consultation and file for divorce. The only way to get an immediate removal is through a civil protective order which is obtained by filing a complaint for domestic violence. This is done by calling the police when he is abusive. If he has hit you, then they will usually arrest him and he will be out of the house immediately. Alternatively you can file a complaint for domestic violence in the Domestic Relations Court. If you can get the order, then he will be out when served and you will have a full hearing a week or so later. You may want to contact Women Helping Women and speak with an abuse counselor or get some assistance on the domestic violence issue.

    You may also want to call the police the next time he is high, has marijuana in his possession (on his person or in his car). This may result in his being arrested and out of the house because he is in jail.

    Ultimately, you need to get an attorney and file for a divorce. You should seek a consultation with this office or another office to review the process and procedure and discuss your options.


  3. I agree with the above answers, you will need to file for a divorce. In the mean time, I have been very successful with using civil protection orders coupled with the filing of a divorce. If you do not want to file a civil protection order or do not believe that is necessary, you can file a motion for exlcusive use of the marital residence with a request for temporary orders. These typically take about a couple weeks once you get service on your spouse. This time frame can be prolonged depending on his response, if any.

    My initial opinion would be that you need to hire an aggresive attorney and move along the lines of a civil protection order to protect you and your children.

    This answer is not meant to be legal advice from its provider. It does not create a client/attorney relationship and any action taken based on this answer is at your own risk.

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