How can I get my husband out of the house if he refuses to leave?

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Old Jan 9th, 2011, 10:38 PM   #1
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Unhappy How can I get my husband out of the house if he refuses to leave?

My husband and I have been married for 11 years. We have an 11 year old and a 5 year old. He has been emotionally abusive since the beginning. I should have left but I am across the country from my family and was pregnant early on in the relationship. I felt trapped. I finally have had enough of the name calling, the yelling, startling the kids, the foul language in front of them, threatening me and the like. I have asked him to leave many times but he won't leave, the kids would be extremely disturbed to have to leave their home and I am NOT leaving them. How can I get my husband out of the house? He's grabbed me and shook me a few times but it's been a few years since he touched me like that. Can I make him leave with a restraining order? He makes my life miserable and he's really disturbing the kids, he flips me off in front of them, he calls me names and yells at me in front of them. What do I do? Help!
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Old Jan 9th, 2011, 11:12 PM   #2
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Default Re: How can I get my husband out of the house if he refuses to leave?

From the facts it could understand that your husband can be booked for domestic violence. You move a petition before the court stating these allegations and pray for a temporary restraining order against your husband. Court will consider your petition and pass appropriate orders, if your allegations are found to be true. It is presumed that you owning the house. Mean time you file a complaint to the concerned police officer and they will provide proper protection to you and your kids. It is also advised that you may consult with Family law Attorney who can give a valid legal opinion in this regard.
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Old Jan 10th, 2011, 03:23 PM   #3
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Default Re: How can I get my husband out of the house if he refuses to leave?

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My husband and I have been married for 11 years. We have an 11 year old and a 5 year old. He has been emotionally abusive since the beginning. I should have left but I am across the country from my family and was pregnant early on in the relationship. I felt trapped. I finally have had enough of the name calling, the yelling, startling the kids, the foul language in front of them, threatening me and the like. I have asked him to leave many times but he won't leave, the kids would be extremely disturbed to have to leave their home and I am NOT leaving them. How can I get my husband out of the house? He's grabbed me and shook me a few times but it's been a few years since he touched me like that. Can I make him leave with a restraining order? He makes my life miserable and he's really disturbing the kids, he flips me off in front of them, he calls me names and yells at me in front of them. What do I do? Help!
Why leave yourself? If someone is abusing you, you leave. You don't look for ways to force them to leave. You leave.

Unless he's actually physically assaulted you recently, you cannot file a for a restraining order. He can challenge it if you lie and claim he touched you in an abusive way.

No kid likes to leave their home but life isn't always what we'd like it to be. Sometimes kids have to move whether they want to or not. Your duty is to your kids and yourself to get them out of an unhealthy situation before they grow up believing it's okay to treat women like that and before they see so much they, in the future, engage in the same type of relationships as adults.

Trying to force him to leave will only make matters worse. The best solution is for you to move out and file for divorce.
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Old Jan 19th, 2011, 07:18 AM   #4
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Default Re: How can I get my husband out of the house if he refuses to leave?

I trust that you have talked to a good attorney. Tell the attorney everything. Don't risk your safety over the house, but don't be bullied into letting him have it either. Don't be controlled by his anger, but don't provoke him. If he is dangerous enough for you to need a restraining order, and you don't think he will obey it, how can you even think of keeping the house?If he put nothing into the house, he should get nothing, but the court may decide otherwise. If you have been supporting him, you might actually have to pay alimony. I have suffer the similar issues and contacted Family law attorney at Dack Marasigan, LLP. He served a great help.
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Old Mar 15th, 2011, 01:39 AM   #5
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Angry Re: How can I get my husband out of the house if he refuses to leave?

This was my original post. I have read your replies and I don't think I made myself clear as to what the situation is. I have no family here, they are 3000 miles away. I am a stay at home mom with a chronic illness. I can't leave! I have nowhere to go! We have already moved twice in the last two years because of his job. I am trying to prevent any more trauma to the kids by keeping them in their home instead of moving them across the country. We are broke because my husband has an alcohol problem and he ran our finances into the ground. Where are we supposed to go? It's a lot easier to sit there and say, well you should just leave. And to the person who said something about lying about him hitting me or something like that, I don't need to lie. He HAS hurt me before. The problem is proving it! He doesn't punch me in the face, he grabs me by the neck or arms. Or he gets in my face and shouts curse words at me. I have an appointment with a lawyer in two days. Thank god my parents are paying the retainer. But still, it's his word against mine.
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Old May 26th, 2011, 09:18 AM   #6
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OMG! Your situation is so similar to mine it's scary. I have the same problem. The husband is an alcoholic, he spends all of our money, our credit is ruined and is mentally and verbally abusive. He has physically hurt me on one occasion and I put him in jail. I have an appt with an attorney in 7 days. I want him out. But he will not leave because the house is in his name. he gives me no kind of money to raise our child that is 7. I also have a chronic illness that prevents me from doing a lot of things. Bothering my parents in their 50's is not something I want to so but I may have to. They are not as far from me as your family but I know your pain. Hang in there and I know one day we both will be ok. Our children will be just fine. Its a ruff road. I divorced him once but decided to have it stopped. My mistake. I was only thinking about my son having a father in his life. BUT my happiness and your happiness matter too. If we are not happy and able to care for ourselves, we will not be able to care for our children the way we want to. Be strong. Know that I am there with you and I support you If you need someone to talk to, I am here.
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Old May 26th, 2011, 09:36 AM   #7
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Default Re: How can I get my husband out of the house if he refuses to leave?

You DO have a place to go, you and the children:

Call the National Domestic Violence Hotline: 1-800-799- SAFE (7233) and they will give you the location of the nearest domestic violence center where you can call, tell your situation, and they will locate you and the children in a safe house. There you will get the legal help you need to get the proper restraining orders and possession back in the house, him out, if that is feasible. In the meantime you and the children will be safe in a confidential, comfortable house where all your needs will be met; shelter, food, legal help and direction to help from social and other services.

Their services are provided at no cost to you and you may remain anywhere from 6-8 weeks to six months or more depending upon the availability and policy of the organizations.

I support you in your decision to remove yourself and your children from the abusive situation. But know there IS practical help out there if you just will reach out and make the first steps to get away.
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Old May 27th, 2011, 09:29 AM   #8
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Default Re: How can I get my husband out of the house if he refuses to leave?

...and perhaps file for divorce ASAP where you will immediately then get the protection of the court.
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Old Jun 8th, 2011, 07:53 AM   #9
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Default Re: How can I get my husband out of the house if he refuses to leave?

It's unclear why people are still giving this woman advice. She doesn't want answers. She just wants to b i t c h.

Clearly, she does have choices. She doesn't want to hear or accept what they are.

Like it or not, he cannot be forced to leave his home. If she wants out, she has to leave. Period.

And abuse can be proven. Further, the police do not even look for abuse when they're called to the scene of a domestic disturbance (why haven't they been called yet?). They arrest the man if even a hint of abuse has taken place. They don't need obvious signs.

If two people are in a marriage, whichever person puts all of the financial responsibility on the other person is the reason why they're broke. She's not broke due to his choices in life. She's broke due to her own poor choices.

We all have to live with the consequences of the choices we make in life. Instead of *****ing about them, do something to change them.
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Old Jun 23rd, 2011, 02:39 AM   #10
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EEK! Re: How can I get my husband out of the house if he refuses to leave?

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It's unclear why people are still giving this woman advice. She doesn't want answers. She just wants to b i t c h.

Clearly, she does have choices. She doesn't want to hear or accept what they are.

Like it or not, he cannot be forced to leave his home. If she wants out, she has to leave. Period.

And abuse can be proven. Further, the police do not even look for abuse when they're called to the scene of a domestic disturbance (why haven't they been called yet?). They arrest the man if even a hint of abuse has taken place. They don't need obvious signs.

If two people are in a marriage, whichever person puts all of the financial responsibility on the other person is the reason why they're broke. She's not broke due to his choices in life. She's broke due to her own poor choices.

We all have to live with the consequences of the choices we make in life. Instead of *****ing about them, do something to change them.

WOW! Aren't you a misguided b!tch! He CAN be made to leave. I am in the same situation that she is. And the cops were just at my door and they just hauled his sorry ass away. I was told I can get an EPO in the morning, and he can be made to leave the home! When you are married, what is his is yours and vice versa. WIVES HAVE RIGHTS and no one has to be terrorized in their own home in front of their kids. And my BROKE situation IS his fault for reasons I won't go into, just to say that I was FINE b4 I trusted his sorry a$$ again. But you can bet your bottom, I will be gone come January when my tax return hits my debit card. And his sorry, abusing drunk a$$ can go to he!!
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