Legal Question in Family Law in California

restraining order or removal from home

My husband is having an affair. He is refusing to move out and he is continuing to see her. Do I have any right to force him to leave. He says he doesnt want to move in with her and he cant afford to live on his own. He wants to keep us here as long as he can. I am emotionally drained and feel like I have no other choice since I do not have a job. We have two children.


Asked on 7/16/06, 8:57 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: restraining order or removal from home

You can only have your spouse removed if there is domestic violence. But you may be able to get an emergency support order.

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Answered on 7/16/06, 10:23 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: restraining order or removal from home

Domestic violence is normally required to obtain an order that the person immediately leave the family home., kick out order. You should be able to get an order removing him from the home after a hearing.

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Answered on 7/19/06, 11:24 pm


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