Can She File A Restraining Order To Kick Me Out?

marital homeQuestion:

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


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.

Omaha divorce attorney Nancy Shannon
Omaha divorce attorney Nancy Shannon

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.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on,, and, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “Can She File A Restraining Order To Kick Me Out?

    I had an ex-parte dismissed in Jefferson County, Missouri. Can I return to my home now that it has been dismissed without prejudice?

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