He's an alcoholic, comes home drunk, keeps vodka in his truck and sneaks drinks all night, verbally abuses myself and our children. He threatens to hurt everyone in the home, I've been recording our conversations just in case something happens to me but I'd like to have him removed from the home before it gets to that. I just bought a house and the mortgage and title are in my name only, but he refuse to leave. All I can find on the internet is about the Marchman Act but I'm terrified of what he'll do to me between being served and going to court.
If a judge were to review your petition for a domestic violence restraining order, the sheriff serving the writ will remove him at the same time that he is served--both occurring at the same time.
You can go to the Courthouse in Delray to file your Petition. The Clerk takes the file up to the judge's chambers while you wait.
One problem is that if the judge does not deem your request to warrant an injunction, then the Petition will be denied but a hearing will be set up and your husband will be served with a copy of the petition and the notice of the hearing, during which time he can remain in the house.
Two points: Your name on the title to the home is not a factor here--it is the marital residence. Also, do not admit to anyone that you have tape recordings, unless your husband knew you were taping and he continued to rant and rave anyway. It is a FELONY to tape record someone without their consent. I do not practice criminal law so I can not
tell you that if he sees you recording and says something like "I see you are recording and I don't care" that that would be considered to be consent, but an argument can be made that it is. So, unless it is clear from the tape that he knew you were recording, do not disclose the existence of the recording to anyone other than your attorney, if you get an attorney.
Good luck in dealing with this difficult situation.
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