Can She File A Restraining Order To Kick Me Out?

Question:

My wife told me she is going to file a restraining order to kick me out of the house. Can she legally do that?

Answer:

While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.

Yes, she can pursue a legal remedy that removes you from the home.

This is usually known as an ex parte restraining order. This order is issued by a judge after reading the affidavit of the requesting party and a decision that adequate evidence exists to issue the preliminary order.

If you get served with a restraining order, you need to carefully read it. This document will tell you what has been ordered.

For instance, you may be ordered to stay out of the home and not contact your wife.  It will also tell you what action you need to do to protect your ability to contest the order, for instance, how to ask for a hearing date so you can tell the judge your side of the story and try to get the order dismissed.

You need to contact an attorney immediately if you are served with this type of document.

Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nebraska divorce lawyer Nancy Shannon, contact Cordell & Cordell.