How to get an abusive spouse removed from the home?

By January 10, 2013Abuse
By Paule, Camazine & Blumenthal, P.C. of Paule, Camazine & Blumenthal, P.C. posted in Abuse on Thursday, January 10, 2013.

By Susan E. Block

If you have been abused or threatened with abuse, you may seek an order of protection from a Judge.

The process starts with getting advice from a lawyer experienced in these matters.

While you can file a petition for an order of protection pro se, representing yourself, it is highly recommended that you seek legal advice before doing so.

The law requires that you state the facts surrounding your situation in a manner that can best be drafted by a skillful professional. For example, if you want the abuser removed at the time you go to court, these facts must show that you are in immediate and present danger of abuse.

In addition, if you fail to request certain relief from the court in your petition, the judge will not be able to grant you return of personal property, order the abuser into counseling or automatically renew an order after it expires.

Because a person is often at greatest risk for harm when seeking to separate from an abuser, getting sound counsel is critical to the safety of a victim.

Having a safety plan and understanding the court process will determine whether or not an applicant for relief is successful.

The judge cannot represent the petitioner or assist her. The judge must remain neutral.

It is a good investment in the protection of an individual or a family to be represented at all stages of the process.

Disclaimer

Susan E. Block

Susan E. Block

Susan Block returned to the practice of law after retiring as a Circuit Judge in 2004 with 25 years of judicial service. In her last judicial assignment, she was appointed to serve as the Administrative Judge of the Family Court with the authority to manage the policies and practices of this division, while maintaining a full caseload of abuse, neglect, delinquency and adoption matters. She uses this extensive experience in her practice, which includes juvenile and family law matters.
Susan E. Block

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