Asked 1/21/2012
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In the state of Florida: If a husband is abusing drugs and has an arrest record for having beat his wife can the wife have him removed from their dwe This husband has previously beat his wife and is now using methanphetamine, cocaine and who knows what other drugs (there is medical documentation of this) as well as constantly stealing pills from his wife. Recently he has been verbally slandering his wife in front of her son (his stepson). The wife's name is on the deed to their home and he stays there only to make her miserable. Is there anyway at all she can have him removed from the home to ensure the safety and well-being of herself as well as her 12 year old son? What steps would she have to take to get him out even if its temporary until the divorce can be filed? |
Answer 1/1 - Submitted 1/21/2012
If he has charges against him for beating you (his wife) then you can go to court and have a restraining order filed against him. This will force him out of the home and keep him away from you for a set period of time.
Go to your county clerk's office and tell them you want to file for a temporary restraining order. They cannot give you legal advice there, but they can give you the forms you need to fill out and file. Once you have a court date set, be prepared with arrest records and complaints from the police department - get copies from the police early if you need them; do not wait until the last minute as police can lollygag sometimes.
Be sure to present your fears that he may still be using drugs - supply convictions he has for any drug use and restults from any recent drug tests if he's taken any - and your fear of how this may harm your children.
If you have found any drug paraphernalia around the home then also mention this and how easily accessible it would have been had your child gotten hold of it before you disposed of it.
Good luck. Filing is very simple with the help of a county clerk (the office will be located in your locate court house, just ask for directions once inside if you don't know exactly which office it is).
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