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donnakay33 · May 5, 2008, 02:48 PM

My husband for years have been very abusive not only to me but to my children from a previous marriage. Here lately he has become more emotionally abusive by screaming at all of us at the top of his lungs. I was stupid for not reporting his abuse to the police although some of my church members and pastor know of it. Now Im ready for him to leave and he won't. He says its his home also. Comes my question... I purchased my house from my dad and the house is in my name only and not with my spouses name. Legally, can I make him leave without having to file for a PFA against him? I was told I would have to give him a 30 days eviction notice. Please provide any info possible to help me start this process of the divorce to rid myself and my children from his harmful abuse.

Fr_Chuck · May 5, 2008, 03:08 PM

No, you will have to file for divorce and get a order from the court.

N0help4u · May 5, 2008, 04:00 PM

Call his bluff and go for a divorce and any and all court orders you can.
He wants you to feel intimidated to not do anything.

twinkiedooter · May 6, 2008, 01:10 PM

You can't just evict him. If it was that easy a lot of husbands and wives would be kicked out yesterday! File for divorce and ask the judge to order him to leave. Too bad you didn't call the cops when you had the chance as it would have made this easier for the court to say to him to leave. You will have to have the friends and pastor testify in court on your behalf.

Fr_Chuck · May 6, 2008, 03:51 PM

I am not a fan of a restraining order, esp if there is no threats or danger.
A restraining order can come back to hurt a person esp if they are looking latter for a law enforcement position or something with a national security clearance. Orders of Protection and restraining orders, should be gotten if there the other person is doing the things required, but for to often one side or the other will get one when it is not really needed and it can seriously hurt the employment of the other person latter.

450donn · May 6, 2008, 05:21 PM

But Chuck, she has already said that this is an abusive relationship. What's to say that he will not take this abusiveness to a higher level. And if he is this abusive at home I sure would not want him working as a police or some other high stress job in National security.

Fr_Chuck · May 6, 2008, 06:21 PM

I know and I am not saying this is not true, but I always take one side of the story carefully, I listened to my neighbor last week, she cursed this poor man out like I would not believe, I thiink threw a few things at him, I did not hear him even raise his voice. He merely got into his car and left, She called the police and was telling the officer how he threw things at her, how he was screaming and wanted to press charges on the man.
With some of the new laws in our state, if there is a sign of domestic violence the officer has a obligation to arrest someone ( or fill out a long lists of forms and take personal liablity if some future harm is done to one of them latter that day)
So guess what this man who did nothing was latter given matching braclets and had to post bail to get out of jail.
So as I noted if there is really harm and threats I do agree with it, but I see this misused far to many times in our court systems today.