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My husband has an open case for domestic violence but won't leave our marital home what can I do to take him out?

Springfield, MA |

We been together for 6 years married for 3 I have 3 kids that are not his! We bought the house while we were married but the house is on my name! He hit me I called the cops filed a police report cops took him in,next day he came out and came back home my kids and I don't feel safe anymore I have a16, 13 and 9 year old. He goes out every weekend comes home early in the morning he has kick me out of my room I'm sleeping with my kids and he does not want to pay any bills I been doing everything on my own! I suffer anxiety and depression and can't take this anymore! Please tell me what I can do?

Attorney Answers 4

  1. Best answer

    A clearer picture helps! First, the police should have informed you that you were entitled to request a restraining order, issued either by the emergency Judge on call during non-business hours of the Court, or at either the District Court with jurisdiction over where you live, or Probate & Family Court in your county.

    There are helpful and wonderful domestic violence counsellors from non-profit agencies at most, if not all, district and probate courts, and they will help to "walk you through the process" and hold your hand, quite literally, if this is what will help best, with tissue paper on hand, should you become upset. Certainly, if you already suffer from anxiety and depression, and regardless, honestly, you should be upset if someone if physically abusing you, and this alone can cause anxiety and depression (not said as a doctor, but, instead, as an attorney who has seen many clients who have been in your same position).

    That is step number one: you need to apply for and obtain an abuse protection order, because he has physically hit you, and you fear for your own and your kids' safety, unless he is removed and ordered to stay away from you, the children, and your home (plus your work and the kids' schools, if applicable). Once you have done this, you can rest easier, and then you should consider your further options, such as proceeding to file for divorce. But, there will be time for that later, and the most important thing right now is to gain protection for yourself.

    I am adding the link to the Hampden Probate & Family Court, where there are forms that will give you more information on restraining orders, and more.

    My heart goes out to you, and I wish you the very best.

    No attorney-client relatonship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.

  2. The Victim Witness staff at the District Attorney's Office should be able to inform you about what you might be able to get for protection within the criminal case. However, you also can request a Chapter 209A Abuse Prevention Order ("Restraining Order") in the appropriate District Court or Probate and Family Court. You can get an order there that he shall not abuse you; that he shall leave and stay away from the house; that he shall stay away (a certain amount of yards) from you wherever your are; that he shall stay away from your workplace; that he shall not contact you; and that he shall relinquish firearms and FID card, if he has any. The facts that you describe should be enough to suport your application for a restraining order - unless he can successfully defend against your allegations.

  3. I am sorry that you are going through this, both counsel gave you outstanding advice, please seek a district court RO and/or a probate court order for him to vacate. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  4. Insufficient data

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