Legal Question in Family Law in Arizona

You have a couple of options, though without more information I can't tell for certain whether both are equally valid.

1) You can file for divorce or legal separation, and file a request for Temporary Orders, asking the court to award you exclusive use and possession of the residence until a final disposition is made. This can take a while, as the court is allowed up to 30 days to set the first hearing in the temporary orders process;

2) You can try to file an Order of Protection, asking that he be removed from the residence. A judge might not grant this if there are not other facts to support it, but if you have proof of the photos, it may be enough to get an initial order. If it is granted, he must be served and he can request a hearing. The hearing must be held within 5 days, so be prepared to defend the action pretty much as soon as you file it.

You can file a Petition for Order of Protection, which is the quickest method, based upon acts or potential acts of domestic violence. Also, you can initiate dissolution proceedings, and in such you can request exclusive use of the residence.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com