Often times I am asked about how to get an abusive spouse out of the home. If you are a victim of domestic violence and your abuser refuses to leave, you can file to get a Domestic Violence Protective Order (DVPO) to remove the abuser from the home. This applies to any abuser, including a spouse. Read our blog post dedicated to DVPO’s here.
Another option for removing your spouse from the home is a divorce from bed and board. For more information about divorce from bed and board, click here. The downside to getting a divorce from bed and board is that it can take a long time and you have to pay a filing fee for your case of $150.00. For many spouses this is not an option due to the abuse occurring in the home.
As an alternative, if you are a victim of domestic violence, which includes physical abuse, emotional abuse and the threat of violence, and you need to get your spouse out of the home immediately a DVPO may be the best option for you. For more information on DVPOs and the process for getting a protective order click here! It is also important to note that an additional benefit of a DVPO is that there are no filing fees and it is a civil, not a criminal, order.
The DVPO may order the abuser to do one or more of the following:
- Leave the marital home immediately;
- Stay away from you, including at your home, work, or anywhere you may be present;
- Refrain from contacting you;
- Allow you to remove your belongings from the home (while escorted by a police officer);
- Give you temporary possession of a shared vehicle;
- If there were children involved, the order may even grant you temporary custody of them;
- Give you possession of pet(s).
If you have suffered from domestic violence and want to see what your options are regarding a protective order, contact our Family Law attorney.
